Copyright Infringement Claims Over Facebook Photos: What You Need to Understand

A seemingly harmless Facebook post can lead to a significant financial burden. Recent cases demonstrate that dpa Picture-Alliance is pursuing claims for copyright infringement related to images published on Facebook, with one case demanding €21,054.68 for unauthorized apply. This highlights the risks associated with using third-party content on social media platforms.

The Case of the €21,000 Claim

According to reports, lawyer Anna Hanschen was subject to a claim from dpa Picture-Alliance for posting several press photos on a Facebook page without the necessary usage rights. The agency is seeking a total of €21,054.68, broken down as follows:

• Damages: €10,000
• Documentation costs: €425
• Interest: €9,762.08
• Legal fees: €867.60

These claims can quickly escalate, particularly in older cases, as interest accrues over time and is added to the total amount due.

Copyright Protection for Photographs

Photographs are generally protected by copyright in Germany, as outlined in Section 72 of the Copyright Act (UrhG). dpa Picture-Alliance, a subsidiary of dpa Deutsche Presse-Agentur GmbH, actively protects the rights of its photographers and photojournalists. Professional photo agencies routinely scan the internet for potential copyright violations and often pursue claims for damages when unlicensed use is discovered on platforms like Facebook. KSP Rechtsanwaltsgesellschaft mbH is often commissioned by dpa Picture-Alliance to pursue these infringements. PicRights and European Copyright Research GmbH also work with dpa Picture-Alliance to enforce copyright.

Calculating Damages: The License Analogy

When copyright infringement occurs, damages are often calculated using the “license analogy.” This means the amount is determined by what the license fee would have been if the image had been properly licensed. Additional costs, such as accrued interest, documentation fees, and legal expenses, can significantly increase the total claim.

What to Do If You Receive a Claim

Receiving a claim for alleged copyright infringement regarding Facebook photos can be intimidating, but it doesn’t automatically indicate you are fully liable. It’s crucial to carefully examine the claim. Consider the following:

• Verify the Publication: Confirm whether the photo in question actually appeared on the Facebook page mentioned and identify who was responsible for the publication at that time.
• Assess the Damages: Determine if the claimed damages are reasonable and whether any portion of the claim may be time-barred.
• Statute of Limitations: Be aware of the statute of limitations. Claims for damages due to copyright infringement generally have a three-year limitation period. A claim for the return of an advantage obtained may have a longer limitation period of up to ten years.

The Importance of Proper Licensing

This case underscores the potential financial consequences of using copyrighted images without a license, even on social media. It’s essential to ensure you have the appropriate rights to use any image before publishing it online.