Anyone who publishes photos on a website without permission must expect to pay – even if the site is operated by a company abroad. A ruling by the Regional Court of Cologne shows how courts assess the value of use in such cases (judgment of December 21, 2023, Ref. 14 O 292/22). The court awarded a payment of 1,500 euros for the publication of two photographs.
What was it about?
An Italian company operated a website on which high-quality architectural photos were published. The photos were taken by professional photographers and showed a building in the construction of which a former partner company was involved. However, there was no permission to use the images. The photographers were also not named.
After the use was noticed, the photographers demanded remuneration. As there was no prior agreement, the court had to clarify what amount should be considered reasonable for this use.
Use abroad, retrieval in Germany
A key point was that although the website was operated by an Italian company, the content was also available in Germany. The site could be translated, it was possible to place orders to Germany and the photos were visible in Germany without any technical restrictions.
The court therefore focused on the value of the use for the German market. It was not a question of worldwide use, but of the part of the use that had an impact in Germany.
How the court determined the amount
The court examined what price reasonable contractual partners would have agreed if the use of the photos had been properly clarified in advance. The fact that these were high-quality photographs that are not licensed at low prices played a role here.
At the same time, it was taken into account that the website was primarily aimed at an Italian audience. Therefore, the initial value that could be set for a more extensive use was reduced. For this use related to Germany, the court considered an amount of 375 euros per photo to be appropriate.
Doubling due to missing mention of name
In addition, the photographers were not named in the publication. The court assumed that professional photographers would demand additional remuneration for not giving their name. The lack of attribution has an impact on visibility and professional perception and therefore has its own economic value.
This aspect led to the amount per photo being doubled. In the end, this resulted in a payment of 750 euros per picture.
The company therefore had to pay 1,500 euros for two photos.
Classification of the decision
The ruling shows that courts make an objective and comprehensible assessment even in cross-border cases. The amount awarded is based on the quality of the photos, the type of use and the question of which part of the market the use has actually reached.
The decision makes it clear that unauthorized use is not without consequences just because a website is based abroad or is predominantly aimed at a different audience.
Classification for practical use
The ruling provides clear guidance for photographers. Remuneration can also be demanded for publications on foreign websites if the photos can be accessed in Germany. The EUR 1,500 awarded for two images shows what the courts consider to be reasonable, taking all circumstances into account.
