Publication date: October 23, 2025
Using a specific image without the author’s consent means using images, photos, illustrations, or other graphic materials created by someone else without obtaining the appropriate consent for such use. Examples of illegal use of a graphic include sharing graphic materials without the author’s consent, using a graphic for commercial purposes (on websites) without obtaining the appropriate license, using someone else’s work as your own (posting it on your own social media profile), or modifying a graphic without obtaining the author’s consent.
Pursuant to Art. 1, Section 1, in conjunction with Section 2, Point 3 of the Copyright and Related Rights Act, the subject of copyright is any manifestation of creative activity of an individual nature, established in any form, regardless of its value, purpose and manner of expression (work), and in particular, the subject of copyright are, among others, photographic works.
The practice in this respect is to send to the competing company a formal notice to cease and desist, demanding immediate removal of the photo from the site, an apology (if the infringement has affected reputation), and possible compensation for the unauthorized use of the photo. It is best to send the notice by registered mail.
Unauthorized use of materials posted online, which goes beyond the scope of fair use, therefore creates a risk of infringement of the author’s economic rights. The Act stipulates that, without the author’s permission, free use of a work that has already been distributed is permitted for personal use. The provision does not explicitly prohibit such activity, but considering the interpretation of the term “personal use,” it is assumed that its definition does not encompass the commercial nature of the work being used. Furthermore, considering the principle expressed in Article 35 of the Act, which states that “fair use must not infringe upon the normal exploitation of the work or violate the legitimate interests of the author,” it seems obvious that there can be no free and unauthorized use of a given work for commercial purposes by a business.
Under the notice to cease infringement – pursuant to Article 79, paragraph 1 of the Act on Copyright and Related Rights, you have the right to demand:
– cessation of the infringement, i.e. immediate removal of the photo from the website
– removing the consequences of the violation, e.g. through a public apology
– financial compensation, i.e. compensation for the unlawful use of the photo.
If a competing company uses a photo in a way that may mislead customers as to its identity (suggesting that it is its interior), this may violate Article 3 and Article 10 of the Act on Combating Unfair Competition.
Article 79 gives the copyright owner the ability to request:
Articles 115 and 116 provide for criminal sanctions for misappropriation of authorship and dissemination of another person’s work without consent, which may result in a fine, restriction of liberty or imprisonment for up to 3 years.
Art. 3 defines an act of unfair competition as an action contrary to the law or good practices that infringes the interests of another entrepreneur.
Article 10 prohibits indications that may mislead customers as to the origin of services or goods.
Article 18 enables the injured entrepreneur to pursue claims, including the following:
– cessation of unfair competition activities
– removal of the effects of the violation
– compensation for damage
– handing over unjustly obtained benefits
Articles 23 and 24 protect personal rights, such as artistic and image creation. The owner of a photo may seek compensation for infringement of their rights.
Article 415 provides for liability for causing damage based on fault.
Articles 3 and 4 prohibit actions that mislead consumers, including impersonating another trader by using its identifying elements, such as photos of the interior of the premises.
Impact on fair competition in the market:
Unlawful use of a photo by a competing company leads to several negative consequences in the market position:
Classifying photographs and graphics as works has serious consequences; it means they are protected. For the use of photographs, the author is entitled to certain personal and economic copyrights, and generally, only the author of the photograph or another person holding such rights may dispose of it, including deciding on its use by others.
The photographer is not obligated to mark their work in any particular way. Nor does the photographer need to take any action to obtain the rights to it – copyright is essentially automatic.
Moral rights are inextricably linked to the creator and cannot be transferred. In particular, moral rights include the right to:
Economic rights, in turn, concern the right to use the work and dispose of it in all fields of exploitation and to obtain remuneration for the use of the work.
Actions undertaken by entrepreneurs will not fall within the scope of permitted use. The use of photos or graphics by entrepreneurs in their advertising materials or on their websites is within the scope of their business activities.
An entrepreneur cannot use a photo found on the Internet under fair use, there are two situations in which it is possible to use such an image
– concluding an agreement on the transfer of copyright or an agreement on the use of the work (so-called license agreement)
– using a photo provided free of charge (e.g. under a free license).
If an entrepreneur decides to use someone else’s photos or other work, the best method would be to conclude an agreement for the use of the work or to conclude an agreement for the transfer of rights to the photo.
Popular Creative Commons licenses indicate that the use of photos may only be non-commercial.
Civil liability:
Article 18 of the Act on Combating Unfair Competition – an entrepreneur whose interest has been violated may demand:
– refraining from prohibited activities
– removal of the effects of the violation
– submitting a declaration with specific content and form
– compensation for the damage caused in accordance with general principles
– handing over unjustly obtained benefits
– awarding an appropriate amount of money for a specific social purpose
Art. 415 of the Civil Code – liability for damage caused by a tort
Art. 189 of the Code of Civil Procedure – the possibility of filing a lawsuit to determine the existence or non-existence of a legal relationship (whether a given act was an act of unfair competition)
Criminal liability:
Article 23 of the Act on Combating Unfair Competition – concerns the disclosure of the use or transfer of trade secrets – penalty: fine, restriction of liberty or imprisonment for up to 2 years.
Articles 115 and 116 of the Copyright and Related Rights Act – concern the unlawful use of other people’s works – penalty: fine, restriction of liberty or imprisonment for up to 3 years.
Article 286 of the Penal Code – if unfair competition was aimed at obtaining financial benefits – a penalty of 6 months to 8 years’ imprisonment.