Using a photograph found online: what rules apply?

Unauthorised reproduction of photographs online is a frequent issue. Photographers often find their work disseminated without remuneration. Before publishing a photograph on your website, make sure you hold the necessary rights.

Photographs are protected by copyright

Article L112-2 of the French Intellectual Property Code expressly includes photographic works among protected works. Copyright arises upon creation, even without a copyright notice. Publication of a photograph on a website does not authorise its reproduction. For protected works generally and photography-specific precautions, see our dedicated articles.

How to verify your rights

Prefer paid databases (which generally indemnify against infringement), photographers’ online stores, or Creative Commons databases. Always verify that the licence matches your intended use (CC0, CC-BY, CC-BY-NC-ND-SA, etc.). The rights holder must specify the rights assigned, the type of authorised use, the territory and the duration. In the absence of these particulars, no rights are assigned. For an overview, see the intellectual property services page.

Conclusion

The potential penalties justify verifying your rights before publishing any photograph. If in doubt, book a call.

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