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Emergency

Your own photo stolen online: rights as the author

Anyone who takes a photo is its author and decides on its use. If someone uses your image without permission, for example on a website or in an online shop, you can act against it and assert claims.

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Your chances of getting your money back

Photos are protected by copyright (§ 72 UrhG). In case of unauthorized use, there are claims to cease-and-desist, information and damages (§ 97 UrhG); if the author naming is missing, a surcharge may come into consideration.
You can calculate the damage, for example, according to the customary license fees (license analogy). A clear documentation of the use and your authorship strengthens your position.

What you should do now

  1. 1

    1. Prove authorship

    Secure the original file, metadata and shooting records.

  2. 2

    2. Document the violation

    Take screenshots of the unauthorized use with URL and date.

  3. 3

    3. Send a request

    Demand cease-and-desist, removal and payment.

  4. 4

    4. Calculate the damage

    Quantify the damages, for example according to customary license fees.

How to spot the scam

  • Your photo is used commercially without a license.
  • The author naming is missing or has been removed.
  • Evidence of your authorship is not secured.

Frequently asked questions

Which rights do I have if my photo was stolen?

As the author you have, in case of unauthorized use, claims to cease-and-desist, information and damages (§§ 72, 97 UrhG). You can demand removal and claim an appropriate remuneration. If the author naming is missing, an additional surcharge can be justified.

How is the damages calculated?

Often according to the license analogy: you can demand the remuneration that would have been customary for a proper license. As orientation, market-customary fees serve. The exact amount depends on the type of use, duration and reach.

What must I prove?

That you are the author and that the photo was used without your permission. Helpful are the original file with metadata, shooting records and screenshots of the unauthorized use with URL and date. Secure this evidence early.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.