To what extent is it possible to use a photograph found online?

The problem of the unauthorized reproduction of photographs online has become a real headache for photographers.

It is indeed extremely simple to reproduce a photograph online. A photographer can therefore quickly see his works broadcast on numerous sites, even though no remuneration has been paid to him.

However, copyright rules are very strict and protect artists. It is therefore necessary, before publishing a photograph on your website, to make sure that you have the necessary rights to do so.

Photographs are protected by copyright

Article L112-1 of the Intellectual Property Code provides that:

“The provisions of this Code protect the rights of authors in all intellectual works, regardless of genre, form of expression, merit, or destination.”

Article L112-2 of the Intellectual Property Code provides that:

“In particular, the following are considered intellectual works within the meaning of this Code:

9° Photographic works and those produced using techniques similar to photography;”

Photographs are therefore considered intellectual works and protected by copyright. They cannot therefore be reproduced without the authorization of the author or the owner of the exploitation rights.

Copyright on a work arises as soon as it is created. Contrary to popular belief, the work is therefore protected by law even in the absence of any mention of copyright or “copyright”.

The publication of a photograph on a site does not therefore authorize its reproduction without authorization.

How do I make sure I have the rights to the photograph I want to use?

It is preferable to search for photographs on paid databases, which ensure that you have the necessary rights of use to reproduce them on your site or your other communication media. Paid databases generally guarantee you against counterfeiting. However, you should read their general terms and conditions of sale to be sure.

Most photographers also have online stores on their sites, and sell the rights to use their photographs directly. If this is not the case, do not hesitate to contact the author directly.

If the author of the photograph is unknown, and no payment method is provided on the site where the photograph is available, this does not mean that the photograph is not protected by copyright. In this case, it is preferable to choose another visual in order to avoid any risk.

It is also possible to use photographs made available by their authors under a Creative Commons license free of charge on specialized databases. Creative Commons licenses can be of various types, from the most permissive CC0 (broadest use without attribution), to the least permissive (CC BY NC ND SA: attribution obligation, non-commercial use, non-commercial use, no derivative work and sharing under the same license). You can get more information on the following site: http://creativecommons.fr. In all cases, it is important to ensure, before putting it online, that the applicable license corresponds to the use you want to make of the photograph.

To be able to use the photograph, the rights holder must tell you (usually on the invoice):

• The rights transferred (reproduction),
• The type of use authorized (commercial or non-commercial),
• The territory of use,
• The duration of use.

In the absence of all these mentions, no rights are transferred and an act of counterfeiting is carried out.

The potential sanctions justify doing what is necessary to ensure that you have the rights of use on the photographs posted on your website.