Protecting Photos and Images Online: Who Owns the Rights and How to Act Against Image Theft

In Romania, the protection of photos is governed mainly by Law no. 8/1996 on copyright and related rights, complemented by provisions in the Civil Code on the right to one’s own image, and by case law from national courts and the Court of Justice of the European Union (CJEU).

This article aims to explain, in clear language, what rights exist in photos and images online, what “image theft” really means, how copyright differs from the right to image, and what practical tools photographers or entrepreneurs have when they discover their images have been copied without permission.

1. Legal framework: from copyright to the right to image

1.1. Law no. 8/1996 and the protection of photos

Law no. 8/1996 recognises and guarantees copyright over any original intellectual creation, including photographic works, as artistic works. Copyright is tied to the author as a person and includes both moral rights (linked to personality) and economic rights (linked to the economic exploitation of the work).

Photography is explicitly regulated in more detail in Articles 86–87 of Law no. 8/1996, which deal with photographic works. Among other things, the law states that where a photograph is taken in the course of performing an employment contract or on commission, the economic rights in that photograph are presumed, for a period of three years, to belong to the employer or the person who commissioned the photograph, unless the contract provides otherwise.

Therefore, any photograph taken by a photographer – amateur or professional – is, in principle, protected automatically by copyright from the moment it is created, with no need to register it with any authority or collecting society.

1.2. The right to one’s own image (Civil Code)

In addition to the photographer’s copyright, in many situations the person depicted also has a personality right in their image. Article 73 of the Civil Code provides that every person has a right to their own image and may prohibit the reproduction or use of their image without consent.

Furthermore, Article 74 of the Civil Code lists situations considered infringements of private life, including capturing or using the image of a person located in a private space without their consent and publishing images concerning a person’s intimate, personal or family life.

This right to image is a non-patrimonial personal right, distinct from the photographer’s copyright. In practice, a single photograph can be protected on a “double track”: by copyright (in favour of the photographer) and by the right to image (in favour of the person depicted).

1.3. European case law: photographs as “works” protected by copyright

The Court of Justice of the European Union has confirmed, in Case C-145/10, Eva-Maria Painer, that a photographic portrait can enjoy copyright protection like any other work, provided it is the result of the author’s own creative choices (composition, lighting, angle, atmosphere).

In another key case, Case C-161/17, Renckhoff, the CJEU ruled that posting on a different website a photograph that is already available online with the author’s consent can still amount to a new “communication to the public”, to a “new public”, and therefore an infringement if the rights holder has not authorised this further communication.

Cases such as Case C-160/15, GS Media and Case C-466/12, Svensson clarified the legal regime of hyperlinks to protected content, including photos, in the online environment, particularly when linking to illegal uploads.

2. Who owns the rights in photographs?

2.1. The photographer – author of the work

The basic rule is simple: the author of a photograph is the natural person who created it – the photographer. The law recognises authorship regardless of whether the photographer is a professional or an amateur; rights arise automatically when the image is created.

In practice, this means that when a photographer takes photos for a client (an individual or a company), the photographer remains the author, and the client only acquires those usage rights granted by contract (licence or assignment, as the case may be), as well as any rights that are presumed by law for commissioned photographs.

2.2. Photographs taken on commission or under an employment contract

Under Article 86(2) of Law no. 8/1996, if a photograph is created in execution of an individual employment contract or on commission, the economic rights in that photograph are presumed, for a period of three years, to belong to the employer or the person who made the commission, unless the contract provides otherwise.

It is important to stress that this presumption refers only to economic rights (the right to exploit the photo), not to moral rights (authorship, right to be named, right to the integrity of the work etc.), which remain with the photographer and are, in principle, inalienable.

For entrepreneurs and companies, it is therefore crucial to have clear written contracts with photographers (employees or freelancers) setting out which rights are transferred, for how long, in what territory, for which uses (online, print, campaigns, social media etc.), and in exchange for what remuneration.

2.3. Photos taken by employees with company equipment

Where an employee (for example a social media manager or designer) takes photos as part of their job duties, using company equipment, the intuitive assumption is often that the company owns the rights. However, the law expressly provides a three-year presumption of ownership of economic rights in favour of the employer for photographic works created “in execution of an individual employment contract”, which makes it even more important to include explicit copyright clauses in the employment contract or in an addendum.

Without a clear contractual framework, disputes may arise later, especially when the images are used in large-scale campaigns or licensed to third parties.

2.4. Who owns what when the photo shows identifiable people?

When a photograph shows an identifiable person, two sets of rights usually coexist:

• the photographer’s copyright (regulated by Law no. 8/1996);
• the right to one’s image of the person depicted (regulated by Article 73 of the Civil Code and, for portraits, by Article 89 of Law no. 8/1996).

Legal use of the photograph online therefore requires both respect for the photographer’s copyright (licence/consent) and respect for the subject’s right to image (consent to use their image), subject only to a few limited statutory exceptions.

3. What rights does the author of a photo have online?

3.1. Moral rights

Moral rights are set out mainly in Articles 10–11 of Law no. 8/1996 and include, among others: the right to decide whether and how the work is disclosed to the public, the right to claim authorship, and the right to the integrity of the work.

Applied to photos online, this means that:

• the photographer may require to be named as author when the photo is used;
• substantial alterations (heavy cropping, filters that distort the image, overlaid text that changes the message etc.) should not be made without their consent, where these affect the integrity of the work;
• the photographer may object if the photo is used in a context that harms their reputation or grossly distorts the meaning of the work.

3.2. Economic rights: reproduction, distribution, communication to the public

The author’s economic rights are listed in Article 13 of Law no. 8/1996 and include, among others: the right to authorise or prohibit reproduction of the work, distribution, public display, communication to the public (including via the internet) and making available to the public in such a way that anyone can access the work from a place and at a time individually chosen.

In the online environment, these rights translate into situations such as:

• reproduction: saving, copying, printing or making digital copies of the photo;
• distribution: uploading the photo to other websites, platforms, newsletters, promotional materials;
• communication to the public: posting the photo on a website or social network so that the public can access it anytime, from anywhere.

3.3. Exceptions and limitations: when can images be used without consent?

The law sets out certain limitations of copyright in Article 33 and following. For example, it allows, under strict conditions, quotation and use of excerpts for purposes such as analysis, commentary, criticism or information, provided that the use is in accordance with fair practice, does not conflict with the normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.

These exceptions, however, are interpreted narrowly. Romanian courts have repeatedly held that copying entire images for commercial purposes, without consent and without mentioning the author and the source, cannot be justified by the Article 33 exceptions, because this is not mere information but economic exploitation.

4. Licences and lawful uses of images online

4.1. Contractual licences with photographers and stock agencies

In the relationship between businesses and photographers, lawful use of images is typically based on licence or assignment contracts. At a minimum, a contract should clarify:

• who is the author and rights holder;
• which rights are granted (reproduction, distribution, online use, social media campaigns, print, out-of-home etc.);
• territory and duration (for example unlimited territory, or Romania/EU only, and a fixed or unlimited term);
• whether the licence is exclusive or non-exclusive;
• the fee and payment terms.

Likewise, using images from stock libraries is governed by their licence terms (Royalty-Free, Rights-Managed etc.), which specify exactly what you are allowed to do with the photo: number of copies, media types, territory, duration and whether commercial use is allowed or only editorial use.

4.2. Open licences (Creative Commons) and “free” images

A special category is represented by photos distributed under open licences such as Creative Commons licences. These allow reuse of the work under conditions chosen by the author (for example mandatory attribution, non-commercial use only, or share-alike obligations for derivative works).

Even for “free” or “royalty-free” images, it is essential to read the licence carefully, because:

• not all “free” images can be used for commercial purposes;
• many licences require explicit attribution of the author and/or the platform;
• there may be restrictions on sensitive uses (politics, health, highly controversial topics).

4.3. Social media terms of use

Social media platforms (Facebook, Instagram, TikTok etc.) provide in their terms of service that users grant the platform a broad licence (usually worldwide, non-exclusive, royalty-free) to use the uploaded content (including photos) for the purpose of operating and improving the service. However, this does not mean that other users automatically receive a licence to download and reuse images outside the platform for their own projects.

Using a photo from someone’s profile or from a company page on your own website, in an ad or in printed materials, without permission, may amount to both copyright infringement and violation of the person’s right to image, even if the photo was initially posted “on Facebook” or “on Instagram”.

4.4. The fact that an image is publicly accessible does not mean it is “copyright-free”

One of the most widespread myths is: “If the photo is on Google, I can use it as long as I mention the source.” Google Images or other search results display pictures found on other websites; they do not grant any additional rights to reuse those images. Any reuse of a photo beyond what the original licence allows must be authorised by the rights holder or fall under a genuine legal exception – which in practice is rare in commercial contexts.

CJEU case law (for example in Renckhoff) has emphasised that the mere fact a photo is accessible online with the rights holder’s consent does not allow anyone to republish it on any other site without fresh authorisation.

5. Typical infringements (“image theft”) and how courts see them

5.1. Copying images from a website and using them commercially

A classic scenario is where a website or a company copies product photos, portfolio images or pictures from an article and uses them on its own site or in marketing materials, without the author’s consent and without credit. Romanian courts have held that using photographs commercially without consent and without attribution constitutes copyright infringement; the Article 33 exceptions do not apply because the use is not just informative but involves economic exploitation.

Courts have awarded damages in such cases, considering both the licence fee that would have been payable if a contract had been concluded (e.g. the photographer’s usual rate or the agency’s tariff) and any reputational harm or financial loss caused.

5.2. Reposting photos on social media

Reposting a photograph on the same platform (for example, using the “share” or “retweet” functionality) usually falls within the technical mechanisms and implied licences of that platform and, as a rule, is not in itself an infringement, as long as the context is preserved and the work is not distorted.

By contrast, downloading the photo and re-uploading it as your “own post”, or reusing it in different contexts (e.g. in promotional campaigns, newsletters or on a business website) can constitute copyright and/or image rights infringement if there is no consent or explicit licence.

5.3. Intimate images and their distribution without consent

Where intimate images are involved (for example, photos taken within a relationship and later shared online without consent), in addition to infringing the right to image and potentially copyright, there can also be criminal liability. In Decision no. 51/2021 of the High Court of Cassation and Justice, the court held that the criminal offence of violating private life (Article 226(2) Criminal Code) does not require that the images had been obtained unlawfully; it is enough that images of a person’s private life are disclosed or disseminated without right.

This ruling directly affects “revenge porn” and similar situations: the person who posts or redistributes intimate photos can incur criminal liability even if the images were initially obtained with the subject’s consent.

5.4. Image piracy and criminal offences under Law no. 8/1996

Law no. 8/1996 also includes criminal offences related to “pirated goods” and their commercial distribution (for example, Article 139⁶, on the manufacture and distribution of pirated goods, including via websites). Where photos are reproduced and sold or systematically used commercially without consent, the acts may go beyond civil liability and enter the criminal law sphere.

6. How to act against image theft: practical steps

6.1. Check whether there really is an infringement

Before taking action, it is worth checking whether the use you are concerned about is genuinely unauthorised. Key questions include:

• Is there any contract or licence (for example with a client, stock platform, agency) that might cover the use in question?
• Is this a commercial use or a limited one for information, critique, review etc.?
• Could the use fall under a genuine exception under Article 33 of Law no. 8/1996 (for example quotation in a critical or informative context, with all legal conditions met)?

When in doubt, especially where the financial stakes are high, legal advice is advisable.

6.2. Preserve evidence (screenshots, URLs, technical data)

If you conclude that there is an infringement, the first step is to collect and preserve evidence:

• screenshots of the website or post where the photo appears (ideally showing system date/time or a visible timestamp);
• the exact URL of the page and, if possible, the direct image URL (file link);
• any metadata of the original file (EXIF), contracts or correspondence proving that you are the author or rights holder;
• evidence of impact (for example, view counts, shares, if the case is serious).

In complex or high-value disputes, further evidence may be collected (for example a notarial recording of website content).

6.3. Informal contact with the person or company using the photo

Often the most efficient first step is an informal but firm message to the person or company using your photo, explaining:

• that you are the author or rights holder of the image;
• where and how the photo is used without permission;
• what you are asking for: removal, proper credit, a licence agreement and payment of a fee, or some combination of these.

Often, once the user realises there is a copyright issue and potential legal risk, they will opt for an amicable solution (removing the photo or agreeing a licence).

6.4. Formal notice (“cease and desist” letter)

If informal efforts fail, the next usual step is a formal written notice (cease and desist), sent via provable means (registered letter, email with reading confirmation etc.), in which you:

• identify the photos and the uses you contest;
• refer to the legal grounds (relevant provisions of Law no. 8/1996, Civil Code rules on image rights etc.);
• demand cessation of the use, removal of the content and, where appropriate, payment of compensation or a licence fee;
• give a reasonable deadline for compliance.

At this stage, the assistance of a lawyer is usually very helpful, especially if litigation is likely.

6.5. Notifying online platforms (notice and takedown)

Many infringements occur on large platforms (Facebook, Instagram, YouTube, marketplaces etc.), which have mechanisms to report copyright-infringing content or violations of personality rights. Typically, these platforms provide dedicated forms through which you can request the removal of images, provided you demonstrate that you are the rights holder or the person depicted.

Platforms have an interest in avoiding liability and, in practice, tend to react relatively quickly to well-documented notices, especially where the infringement is obvious (e.g. product photos copied in bulk from a competitor, portrait photos used without consent, intimate images, etc.).

6.6. Civil action in court

If the matter is not resolved amicably, the rights holder may bring a civil action based on Article 139 of Law no. 8/1996 and, where relevant, on Civil Code provisions regarding the right to image.

Remedies and claims may include:

• a declaration that copyright or the right to image has been infringed;
• an injunction obliging the defendant to stop the infringement and refrain from similar acts in the future (removal of photos, ban on further use);
• payment of damages (typically equivalent to the licence fee that would have been owed, plus possible moral damages);
• publication of the judgment in the media or online at the defendant’s cost, in serious cases.

6.7. Criminal liability

In cases of large-scale, systematic and commercial use of photos without permission (for example, mass production of printed posters or merchandise using stolen images), the criminal offences in Law no. 8/1996 (such as Article 139⁶) may apply.

In addition, where private life is affected (intimate photos, images from private spaces), the offence of violation of private life under Article 226 of the Criminal Code may be engaged, as interpreted by the High Court of Cassation and Justice in Decision no. 51/2021.

7. Practical recommendations for photographers, entrepreneurs and developers

7.1. For photographers

Photographers (professional or amateur) can reduce risks and strengthen their legal position through a few simple measures:

• keep original files (RAW, originals with clear metadata) as evidence of authorship;
• include clear clauses on copyright and usage conditions in contracts with clients;
• use discreet watermarks when the risk of abusive copying is high;
• regularly monitor the internet (especially sites and platforms where their audience is present) for unauthorised uses.

7.2. For entrepreneurs and companies

For businesses, the best protection against disputes is a clear internal image-use policy:

• use only images for which there is a clear licence or permission (contract with a photographer, stock licence, written permission from partners);
• keep internal records of image sources (who supplied them, under what contract, what type of licence);
• avoid copying images “from Google” or social media without checking the licence first;
• pay special attention where the image shows identifiable people (right to image, GDPR obligations etc.).

7.3. For programmers and web/app developers

Developers play a key role because they integrate images into websites and apps:

• make sure client-provided images have a clear source and suitable licence;
• avoid using random images found online in templates or demos that might later go into production;
• implement reasonable technical measures to protect images where relevant (for example, access restrictions in certain contexts);
• inform clients about the need to respect image copyrights and, ideally, include liability clauses in development contracts that address content supplied by the client.

7.4. Intersection with GDPR and data protection

When photos show identifiable individuals, remember that the image is also “personal data” under Regulation (EU) 2016/679 (GDPR). Any use and dissemination of such images must have a lawful basis (consent, legitimate interest etc.), and data subjects have specific rights (to information, erasure, restriction, objection etc.). Unlawful publication of images can therefore trigger both copyright/image-rights claims and data protection sanctions.

8. Conclusions

Protecting photos and images online is not a purely theoretical issue – it is a daily concern for photographers, entrepreneurs, content creators and developers. Romanian law offers a complex framework where copyright (Law no. 8/1996), the right to image (Civil Code), criminal provisions and data protection rules intersect.

“Stealing photos” is not just unprofessional behaviour; it can give rise to civil and sometimes criminal liability. At the same time, a good understanding of licensing rules and legal exceptions allows responsible and creative use of images, protecting both creators and good-faith users.

FAQ – Frequently Asked Questions