Last year, an interesting ruling was passed by the judge regarding the use of stock photos. Normally, stock photos are protected by copyright law. The main rule is, that an intellectual creation has to be made independently. In short, creative choices have to be made. In case of pictures, these conditions are normally met given the composition, the angle, the use of light etc., but is this also the case with stock photos? Clearly not, according to a car company that used a close-up picture of a temperature gauge in a car.
The picture belonged to a Stock agency that demanded a compensation of € 3.200,- for the use of the photo. However, the judge agreed with the car company. “For every photo one has to adapt the use of light, the distance and the angle, if not already done automatically by the camera, but this does not mean that creative choices have been made. This is only the case, if the photo can be distinguished from other pictures in a way that demonstrates that the photographer made personal choices”
Does this mean that all stock photos can be used freely? No, certainly not. Most photos are still protected by copyright. However, in the case of photos of products it can go either way. (Source image: TeWe)
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