“Royalty-free images” are often mistakenly understood to mean “images that can be used freely without any legal restrictions.” In practice, however, “royalty-free” often simply means that no separate fee or ongoing license fee is required to use the image. However, copyright requirements remain in effect. In particular, license terms, usage restrictions, and the obligation to credit the author must still be observed.
A common misconception: “Royalty-free” does not mean “free of legal restrictions”
In everyday business, images from image databases, AI platforms, or Creative Commons archives are often referred to as “royalty-free.”
This quickly gives the impression that the images could:
- without restriction,
- without conditions,
- and without any legal risks
can be used.
That is legally incorrect.
The actual meaning of “royalty-free”
In practice, the term “royalty-free” is often understood simply to mean that:
- no separate fee is required for the use of the image,
- or there are no ongoing license fees.
However, this does not mean that:
- the image is not subject to copyright,
- the license terms are waived,
- or that the image may be used as desired.
Even "free" or "royalty-free" images are often subject to specific terms of use.
Copyright laws must be observed
Copyright arises automatically upon the creation of the work (Section 7 of the German Copyright Act).
The author generally retains his or her rights, even if:
- the image is provided free of charge,
- use without payment is permitted,
- or the work is publicly available.
Use is therefore permitted solely within the scope of the granted rights of use (Section 31 of the German Copyright Act).
License terms remain binding
Even royalty-free images are often subject to specific licensing terms.
These can, for example, regulate:
Permitted Use
- for personal use only, or also for commercial use,
- for editorial use only,
- Do not use in sensitive or defamatory contexts.
Image editing
- Edits allowed or prohibited,
- Requirement to indicate changes.
Disclosure to third parties
- no sublicensing,
- No resale as a separate product.
Platform-specific restrictions
- Use only on certain websites,
- Restrictions on social media or in advertising.
Important:
Anyone who uses images in violation of the Terms of Use risks facing copyright claims—in particular, claims for injunctive relief and damages.
The requirement to credit the author is often overlooked
One particularly common mistake involves the attribution of authorship.
Under Section 13 of the Copyright Act, the author has the right to be identified as the author.
Many licensing models expressly require:
- the attribution of the author,
- the license information,
- in some cases, a link to the source or license page.
A practical mistake:
Many users assume that free or royalty-free images do not require attribution.
This is often incorrect and leads to warnings.
Common Risks Associated with Image Use
In legal practice, the following errors occur particularly frequently:
- failure to credit the author,
- Use beyond the permitted scope (violation of license terms),
- commercial use despite relevant prohibitions,
- lack of documentation regarding the license terms,
- Confusion between “free of charge” and “freely available.”
This can lead to:
- Warnings,
- claims for injunctive relief,
- Claims for damages,
- Costs of a cease-and-desist letter
lead.
Recommendations for Businesses and Website Operators
Before using royalty-free images, the following points in particular should be checked:
Checklist
- Which specific license applies?
- Is attribution required?
- Is commercial use permitted?
- Are modifications permitted?
- Have the license terms been documented?
We also recommend saving:
- of the license text,
- the download page,
- as well as a screenshot of the license information.
Conclusion
“Royalty-free” does not usually mean that images can be used without any legal restrictions. Often, it simply means that no separate fee is required for their use.
However, copyright requirements remain in effect. In particular:
- License Terms,
- Restrictions on use,
- as well as the requirement to credit the author
must be strictly observed.
Companies and website operators should therefore review the legal aspects of every use of images and document them.
Please feel free to contact us if you have any questions.
