Use of photos and copyright

As a website owner, blogger or marketer, you need images on a regular basis. But which images are you actually allowed to use without infringing copyright? Below we explain when images are free of copyright, where you can legally find free images, and how to deal with copyrighted images under Belgian law.

1. When are images free of copyright?

Not all images are protected by copyright. You can use images freely in the following situations:

1.1 Public domain

Works are in the public domain when:

  • The term of protection has expired (in Belgium 70 years after the author's death)
  • The author has explicitly waived his rights (via a CC0 license)

As a concrete example, photographs taken by photographers who died before 1955 will be free to use in 2025. This applies, for example, to historic photographs of Brussels by photographer Édouard Hannon (1853-1931).

1.2 Works without original character

In Belgium, as in other EU countries, a work must possess a certain originality to be protected by copyright. According to the Painer judgment of the European Court of Justice of December 1, 2011 a photograph may be protected by copyright when it "is an intellectual creation of the author that reflects the latter's personality and is expressed through the free creative choices of that author in the creation of that photograph". The Supreme Court also confirmed in a March 17, 2014 ruling that photographs can be protected by copyright when the photographer expressed his creative talent in the realization of the photograph by making free and creative choices.

Not being protected most of the time:

  • Standard product photos without creative input
  • Exact reproductions of works in the public domain
  • Everyday photos
  • Selfies

Thus, it is not the case that a photograph is automatically protected by copyright. Moreover, it is the photographer who must prove that the photograph is protected and demonstrate his free and creative choices in taking the photograph.

2. Free sources for images without copyright

2.1 Stock photo websites with royalty-free images

There are several reliable websites where you can find free images that you can use without copyright issues:

  • Unsplash - Offers high-quality photos under a proprietary license that allows both commercial and non-commercial use without attribution (although attribution is appreciated)
  • Pixabay - Various image types under their own license, similar to CC0
  • Pexels - Focus on high-quality photographic images, own license
  • Freepik - Images and vector illustrations, often requires attribution
  • Rawpixel - Contains many public domain images

Note: Always read the specific licensing terms of each website. Some require attribution (name attribution) or have restrictions on certain use cases.

2.2 Public image databases and archives

Belgium has several digital archives with public domain imagery:

2.3 Using search engines and filters

Most search engines offer tools to search specifically for images that you can legally use:

Tip: search in English for more results ("free images," "public domain photos" etc.).

3. Using photos and graphics on your website

3.1 Correctly citing sourcesopen

Even if an image is free to use, some licenses require that you credit the source. A correct source citation includes:

  • Name of photographer/author
  • Title of work (if known)
  • Source (website or platform)
  • License type
  • Link to original source and/or license text

Example of correct attribution:

<figure>
  <img src="pad/naar/afbeelding.jpg" alt="Image description">
  <figcaption>
    "Title photo" by Name Photographer, via Unsplash, 
    <a href="https://unsplash.com/licentie">Unsplash License</a>
  </figcaption>
</figure>

3.2 Risks of misuse

Unlawful use of copyrighted images can result in Belgium:

  • Liability for copyright infringement
  • Claims (often between €500 and €3,000 per image)
  • A cessation order under forfeiture of penalties
  • Reputation damage

In practice, we increasingly see automated systems searching the Internet for unauthorized use of images. Agencies such as Visual Rights Group or PicRights work on behalf of photographers and stock photo companies to detect infringements.

3.3 Practical implementation

When implementing images on your website, keep in mind:

  • Preserving metadata: Do not delete the embedded EXIF or XMP data, it may contain copyright information
  • Add Alt text: In addition to SEO benefits, this can help document provenance
  • Attribution page: Consider a separate page with source citations for all images used
  • File names: Use descriptive file names that refer to the source

Tools for correct attribution:

4. What to do if you want to use a copyrighted image

4.1 Requesting permission

If you want to use a specific image that is copyrighted:

  1. Identify the rights holder (photographer or agency)
  2. Send a clear request with:
    • Specific description of the image
    • How and where you want to use it
    • How long you want to use it
    • Whether the use is commercial

Sample request:

Subject: Request to use copyrighted image

Dear Mr/Ms [Name],

I am writing to request permission to use your photograph [title/description] that I found on [source].

I would like to use this image for [specific purpose] on [platform/website]. This is a [commercial/non-commercial] use for a period of [duration].

Of course, I am willing to correctly credit the source and/or pay a reasonable fee.

Kind regards,

4.2 Purchasing licenses

For professional use, it is often more practical to purchase licenses:

License types:

  • Royalty-free: With this form of license, you pay a one-time fee, after which you may use the image multiple times without paying extra per use.
  • Rights-managed: Here the price is determined by specific usage factors such as circulation, format, placement, duration of use, geographic area, and industry. Each new use requires a new license and payment.
  • Exclusive licenses: more expensive, but exclusive use

Price Indication 2025:

  • Simple royalty-free license: €20-€200
  • Extended commercial license: €200-€1,000+
  • Exclusive rights: from €1,000

4.3 Exceptions in Belgian law

The Code of Economic Law contains some exceptions that allow use without the photographer's permission:

  • Quote Law (Article XI.189, §1 WER): You may use an image as a "citation" provided:
    • It serves for the purpose of criticism, polemic or review
    • Use is consistent with fair professional practice
    • The source and author's name are cited
  • Informational citation law (Art. XI.190, 1° WER): You may use a photograph for the purpose of information in a report on current events and to the extent justified from an informational point of view.
  • Parody exception (Article XI.190, 10° WER): A caricature, parody or pastiche of a photograph is permitted.
  • Teaching and research exception (Article XI.191/1 WER): Use for teaching and scientific research is permitted under conditions

Exceptions to copyright law are always interpreted restrictively without this being allowed to erode the usefulness of the exception.

Note: These exceptions apply to copyright but not automatically to portrait rights (right to image). The consent of depicted persons is still required under Article XI.174 WER.

5. Creative Commons licenses explained

5.1 The different CC licenses

Creative Commons provides a set of standardized licenses that authors can use to release certain rights:

  • CC BY (Attribution): Use is permitted provided the creator is credited
  • CC BY-SA (Attribution-ShareAlike): Like CC BY, but derivative works must use the same license
  • CC BY-ND (Attribution-NoDerivativesWorks): Modification is not allowed
  • CC BY-NC (Attribution-NonCommercial): Only non-commercial use permitted
  • CC BY-NC-SA (Attribution-NonCommercial-ShareAlike): Combination of NC and SA restrictions
  • CC BY-NC-ND (Attribution-NonCommercial-NoDerivativesWorks): The most restrictive CC license
  • CC0 (Public Domain): Full waiver of all rights

5.2 Choosing the right license to use

Decision tree:

  1. Is commercial use necessary? If yes, avoid NC licenses
  2. Do you want to edit the image? If yes, avoid ND licensing
  3. Do you want to publish the result under another license? If yes, avoid SA licenses

Common misunderstandings:

  • "Non-commercial" is not clearly defined (a blog with ads can already be considered commercial)
  • "Attribution" requires more than just the name (see section 3.1)
  • CC licenses are irrevocable and permanent

5.3 Creative Commons in the Belgian context

In Belgium, CC licenses are recognized as legally valid contracts. Important aspects:

  • CC licenses are compatible with Belgian copyright law (confirmed by case law)
  • The latest version (4.0) is internationally harmonized
  • In case of disputes, the Belgian court has jurisdiction if the infringement takes place in Belgium

6. Copyright and photography: rights of photographers

6.1 The photographer as author

In Belgium, a photographer automatically acquires copyright the moment the photograph is taken, with no registration or filing requirements. Conditions:

  • The photo must be an "own intellectual creation"
  • Originality must be demonstrated, being the free and creative choices made

Evidence:

  • Metadata (EXIF data) with camera data and date
  • Original files/negatives
  • Registration with management companies such as SOFAM
  • Digital watermarking or fingerprinting

6.2 Portrait rights and privacy

In addition to copyright, with photographs of people, you must also consider:

  • Privacy: Based on Article 22 of the Constitution and Article 8 of the European Convention on Human Rights a person can oppose distribution of his image if it violates his private life.
  • GDPR: Photographs of identifiable living persons are considered personal data and are subject to the data protection legislation.
  • Portrait right/Right to image: According to Article XI.174 WER, no one may reproduce or publicly communicate a portrait without the consent of the person portrayed (or for 20 years after death, of his or her assignees). This applies even if the photographer has copyright on the (portrait) photograph.

Case law recognizes some exceptions where explicit consent is not required:

  • Famous persons in public context (politicians, artists) when it serves informational purpose
  • Persons who only happen to come into view in a crowd
  • Recordings at current news events

Consent must be specific to the intended use, clearly defined in terms of purpose and scope, and can, in principle, be revoked.

6.3 Professional use of photography

For professional handling of photography:

For photographers:

  • Join a management company such as SOFAM
  • Use metadata and watermarks
  • Work with clear licensing and usage agreements
  • Consider monitoring services such as Visual Rights Group

For companies:

  • Document all image rights carefully
  • Use model contracts with clear provisions
  • Keep a record of images used and their licenses
  • Provide internal guidelines on image use

7. Conclusion and summary

The use of images online raises important copyright questions. In Belgium, it is crucial to handle images carefully and follow proper procedures.

By using legitimate sources for royalty-free images, applying correct attribution, and seeking permission or purchasing licenses when necessary, you can avoid legal problems.

The main principles are:

  1. Preferably use images from reliable 'free' sources
  2. Always correctly cite the source and author
  3. Request permission or purchase licenses when in doubt
  4. Document your image rights carefully

When in doubt, it is always wise to seek legal advice from a attorney specializing in copyright law.

8. Frequently Asked Questions (FAQ).

Can I use images from Google on my website?

No, not just like that. Google Images is a search engine that indexes images of others. The images you find in search results are usually copyrighted. You can, however, use the "Use Rights" filter to search specifically for images with certain licenses, but always check the original source and license terms before using an image.

What are the consequences if I inadvertently use copyrighted material?

You can also be held liable for copyright infringement for inadvertent use. Typically, this proceeds as follows:

  1. You will first receive a letter (notice of default) from the entitled party or their representative
  2. A fee is charged for use (usually €500-€3,000)
  3. Failure to respond may result in a lawsuit

It is advisable to respond to such a letter and seek legal advice from a lawyer if necessary.

Can I reuse social media images on my website?

Basically, not without permission. Images on social media are still copyrighted. Although platforms like Facebook and Instagram give users a license to share content within the platform, this does not apply to use outside the platform. Always seek permission from the original creator before reusing images from social media.

What about images I bought myself through a stock photo website?

You may use them according to the specific license terms you purchased. Note the restrictions, such as:

  • Maximum number of views or reproductions
  • Type of use (web, print, advertising, etc.)
  • Exclusivity (or lack thereof)
  • Duration of the license
  • Attribution requirements

Always keep your proof of purchase and license terms.

Is a watermark sufficient protection against unauthorized use?

A watermark provides some practical protection but not absolute legal protection. It makes it harder for others to use your images and it is a visual reminder of copyright, however:

  • Modern software can often remove watermarks
  • A watermark does not prevent someone from legally infringing
  • For maximum protection, combine watermarking with other measures such as metadata and registration

Then it is not free to use. In Belgium, and virtually worldwide, copyright is automatic: once a work is created, it is protected. The absence of a copyright notice does not mean that the work is free. You must assume that all images are copyrighted unless explicitly stated otherwise.

9. When do you need a copyright lawyer?

As a specialized copyright law firm, we offer professional legal assistance on all image use and copyright issues:

Preventive legal support:

  • Checking your website or publications for copyright risks
  • Drafting customized image use license agreements
  • Advice on properly implementing attribution and source attribution
  • Develop internal guidelines for proper image use within your organization
  • Due diligence when acquiring content or websites with imagery

Assistance with problems:

  • Legal analysis and advice on default notices received
  • Negotiation with rights holders or their representatives
  • Defense against unjustified claims (such as copyfraud)
  • Assistance with copyright infringement lawsuits
  • Mediation and settlement negotiations

For photographers and creatives:

  • Registration and protection of your copyrights
  • Drafting photography contracts and licensing agreements
  • Enforcement of your rights in the event of unauthorized use
  • Advice on pricing and terms of use
Looking for legal advice on copyright and photographs? Contact our attorneys specializing in copyright law.

Also read our other articles:

Contact

Questions? Need advice?
Contact Attorney Joris Deene.

Phone: 09/280.20.68
E-mail: joris.deene@everest-law.be

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