Photos & Images

What should be taken into account when publishing photos and images?

IMPORTANT NOTE

This is a general information and does not constitute a legal claim.

Copyright

Since 2020 the copyright act protects all individually created “works”. Works are literary and artistic intellectual creations with individual character, irrespective of their value or purpose. Work can be text, music, art, painting, photographic, cinematographic work etc. In Switzerland the Swiss Copyright Act (URG) applies, but very similar law exists in all countries.

• When using photos for the homepage, the permission of the copyright holder is required - otherwise there may be consequences under criminal and civil law.

  NOTE

  Law firms such as PicRights Europe GmbH search the internet for images on behalf of agencies such as Reuters News & Media Inc. to determine whether a copyright infringement has occurred. If an image is used illegally, PicRights collects royalties and any fines on behalf of the client. The agency regularly finds both new and old images on Rotary club websites that violate copyright laws and for which no royalties have been paid. Paying royalties retroactively is expensive. You can avoid legal disputes by limiting the visibility of your content.

• When using materials that are generally available on the internet, in particular logos, text, images from agencies or image databases, you must carefully indicate the copyright and, if necessary, obtain permission to publish them on your website. Alternatively, you can use free images, so-called stock photos, from platforms such as Pixabay, Pexels or Unsplash. Some images may not be used for commercial purposes!

• The author holds the intellectual property rights (copyright) and is therefore entitled to be named in any publication. Always include the copyright holder in the “Description” field below the image.

Right to your own image

The publication and distribution of images is generally only permitted with the consent of the person depicted. The law only allows an exception here if it is an image of contemporary history. In such a case, publication is permitted even if the person depicted does not want it. (e.g. red carpet at an event.)

• The depicted persons must consent to the photograph being taken (observe the laws of your country). Care is of the utmost importance, especially when photographing minors. In this case, the legal guardians must consent.

• The persons depicted (or their representatives) must also be informed about the use of the photos.

• The size of the group is not important, as is often assumed (“I can only photograph 10 or more people anyway”). But if everyone looks at the camera and smiles, you can assume that they have all agreed.

• Identifying a person in a photo does not necessarily have to be limited to recognizing their face. For example, a single tattoo on the neck or a headscarf is enough.

Guide to using AI-generated images on websites

The use of AI-generated images on websites involves several legal considerations. Below are key aspects to be aware of:

1. Copyright & usage rights

• AI-generated images may not be eligible for copyright protection in many countries.  

• Check the terms of the AI platform used (e.g., DALL·E, Midjourney, Stable Diffusion) to confirm usage rights.  

• Be cautious of images resembling copyrighted works, as they may still infringe on intellectual property laws.  

2. Transparency & disclosure

• There is currently no universal legal requirement to label AI-generated images.  

• The EU AI Act and similar regulations may introduce mandatory disclosures in the future.  

• For ethical transparency, consider adding a note such as: "This image was generated using artificial intelligence."

3. Data protection & privacy

• AI-generated images should not depict real individuals without consent.  

• If an AI-generated image resembles a real person, it could infringe on personality rights.  

• Avoid using AI-generated images containing sensitive or misleading content.  

4. Trademark & liability risks

• Do not use AI-generated images that include logos, trademarks, or branded elements.  

• Website owners remain responsible for the content they publish, even if generated by AI.  

• Ensure that AI-generated content does not mislead users or falsely represent a brand.  

Best practices

• Review the licensing terms of the AI tool you use.  

• Clearly disclose AI-generated images when relevant.  

• Avoid realistic depictions of real individuals or copyrighted content.  

• Be aware of potential trademark and liability issues.  

NOTE

If using AI-generated images for commercial purposes, legal consultation is recommended.