“I want to use a photo from the internet”
Can I use a photo from the internet on my website
Answer
No
Under § 16 of the Copyright Act, copyright in a work arises the moment the work is objectively expressed, that is, when the photo is taken. It needs no registration and no symbol. Under § 19, the use of a work also covers making a reproduction and communicating the work to the public, so downloading a photo and publishing it on a website is a use that requires the author's consent.
Not lawful in this form. The page names what you can do instead.
This is the most common misconception in small business marketing and it rests on the way the internet works: whatever can be downloaded looks free. Copyright, however, does not arise on publication or on registration, but on the creation of the work itself.
The other half of the misconception is the belief that citing the source settles it. The source says where the photo came from, not that you may use it. Under § 65, consent is granted by a licence agreement that sets the manner of use, the scope and the time.
What will not save the situation
- 01
A missing authorship notice means nothing
§ 16 says that copyright in a work arises the moment the work is objectively expressed in a form perceptible by the senses. No registration and no marking are required, so their absence is not consent.
- 02
Citing the source is not a licence
Under § 65, the author grants consent by a licence agreement containing the manner of use, the scope, the time and the remuneration. A link under a photo settles none of those.
- 03
It makes no difference whether you make money from the photo
§ 19(4) lists among the uses of a work, among other things, making a reproduction and communicating the work to the public. Profit does not appear among the conditions.
- 04
Editing the photo yourself does not settle it either
Under § 19(4)(a), adapting a work is also a use. Cropping, a filter or a change of colours therefore do not make consent unnecessary.
Where we will not answer for you
The Copyright Act recognises exceptions under which a work may be used without consent, for example quotation or use for teaching purposes. This page does not go into them and none of them is designed for promoting your own company. The wording also does not determine when an edit is so extensive that a new work arises. If a campaign rests on someone else's photograph, that is a question for a lawyer.
What you can do instead
A stock library with a licence that covers your purpose
A licence agreement under § 65 sets the manner of use and the scope, so it pays to check whether the chosen licence covers advertising and commercial use, not only editorial use.
Your own photograph
Photographing your own product does not raise the question of consent. If an identifiable person is in the shot, § 12 of the Civil Code on permission to use a likeness applies alongside.
Written consent straight from the author
For a photograph from a photographer you know or from a customer, an email is enough, provided it makes clear for what purpose and to what extent the consent applies. § 65 names those elements and an email can carry them.
What the statute says
Wording taken from the official register. Every excerpt is machine-compared against the statutes in our database, so it cannot drift from what the law actually says.
Autorské právo k dielu vzniká okamihom, keď je dielo objektívne vyjadrené v podobe vnímateľnej zmyslami.Použitím diela je najmä a) spracovanie diela, b) spojenie diela s iným dielom, c) zaradenie diela do databázy podľa § 131, d) vyhotovenie rozmnoženiny dielaLicenčnou zmluvou udeľuje autor nadobúdateľovi súhlas na použitie diela (ďalej len „licencia“). Licenčná zmluva obsahuje najmä spôsob použitia diela podľa § 19 ods. 4, rozsah licencie, čas, na ktorý autor licenciu udeľuje, alebo spôsob jeho určenia a odmenu za udelenie licencie alebo spôsob jej určeniaPísomnosti osobnej povahy, podobizne, obrazové snímky a obrazové a zvukové záznamy týkajúce sa fyzickej osoby alebo jej prejavov osobnej povahy sa smú vyhotoviť alebo použiť len s jej privolením.Frequently asked questions
The photo has no author credit and no symbol, so is it free?
No. Under § 16, copyright arises the moment the work is objectively expressed, without registration and without marking. An unknown author means you do not know who to ask, not that there is no need to ask.
Is it enough to give the source and a link?
The source says where the work came from. Under § 65, consent is granted by a licence agreement that sets the manner of use, the scope and the time.
Can I use the photo if I make no money from it?
§ 19(4) lists making a reproduction and communicating the work to the public among the uses of a work and does not put profit among the conditions.
And what if I edit it?
Under § 19(4)(a), adapting a work is also a use. Where the line lies beyond which a new work arises is not determined by the wording, and we will not tell you that here.