If a photo is used on the internet without permission, the question regularly arises as to what payment can be demanded for it. A ruling by the Regional Court of Hamburg shows how courts answer this question and what amount they consider appropriate for such use (judgment of November 29, 2023 – 310 O 126/22). In the specific case, the court awarded a photographer 2,875 euros for the use of two photographs.

The underlying facts

A professional photographer had taken high-quality architectural photos. These images were later published by a publisher on a social media platform. There was no prior agreement, no remuneration was paid and the photographer was not named. After the photographer pointed out the use, the publisher removed the images again.

The question then arose as to how much the publisher had to pay for this use.

How the court determined the value of the use

The court based its decision on the price that both parties would have reasonably agreed if the use had been properly clarified in advance. The photographer’s professional approach and the fact that his images are regularly only used in return for appropriate remuneration were decisive factors.

At the same time, the court took into account that the photos were only used in social networks and not in print media or extensive advertising campaigns. The fact that the use was related to Germany was also taken into account in the assessment. These factors led to a comprehensible adjustment of the initial value.

For the actual use of the two photos, the court arrived at an amount of 1,437.50 euros.

Additional remuneration due to lack of attribution

In addition, the photographer was not named in the publication. The court assumed that a professional photographer would demand additional remuneration for not giving his name. The lack of attribution not only affects the recognition of the work, but also the visibility of the photographer.

The court assessed this aspect with a further amount of the same amount. This resulted in a total payment of 2,875 euros.

Classification of the decision

The ruling shows that courts classify the use of photographs on social media as commercially relevant use. The amount awarded results from a comprehensible consideration of the specific use and the quality of the images. It is neither outside the usual remuneration standards nor does it represent a special assessment, but rather follows an objective assessment of the individual case.

For photographers, this means that unauthorized use is not without consequences and that courts realistically assess the value of professional photography.

Classification for practical use

The decision makes it clear that EUR 2,875 for two photos can be regarded as reasonable remuneration if images are used without permission and the photographer is not named. It therefore provides good guidance as to what amounts can realistically be enforced in comparable cases.