Business Advertising – A Picture Says A Million Words – But Avoid Copyright Infringement

By
John Kafrouni
27 May 2014
5
min read

Images in marketing collateral are an important part of selling a business. After all, a picture can say a thousand words. However, unless a business broker has taken the required photos him or herself, or received permission from the person who did, the image is subject to someone else’s copyright.

Copyright gives the owner of the image, say a photo of a cup of coffee, a legal interest in the image. The law then protects the owner’s legal interest so that it can’t be copied … well at least not legally.

The unauthorised use of an image would result in a copyright breach, which in turn has the possibility of exposing a business broker, their firm and their client to legal claim, fines, cost, headache and embarrassment. A pre-paid marketing campaign can be rendered useless by a copyright infringement claim over one single image (say of that cup of coffee).

There are options for business brokers who don’t have the time, or inclination, to take the photos themselves. Many websites offering “stock photos” charge a small fee to use images legally and without concern of recourse. A small financial output could potentially save headache and thousands in the future for the unauthorised use of copyrighted images. Just be careful to read and understand the fine print on how the image may be used!

Author

Joe Kafrouni
Legal Practitioner Director
Kafrouni Lawyers

Disclaimer

The information provided by Kafrouni Lawyers is intended to provide general information and is not legal advice or a substitute for it. Business people should always consult their own legal advisors to discuss their particular circumstances. Kafrouni Lawyers makes no warranties or representations regarding the information and exclude any liability which may arise as a result of the use of this information. This information is the copyright of Kafrouni Lawyers.

Liability limited by a scheme approved under professional standards legislation.

Consultation

For new clients, I offer a paid initial phone consultation for $1,430 (incl. GST), which covers up to two hours of my time.

This option provides a relatively low-risk way for us to discuss your situation and explore how I may be able to help. I will provide initial advice and direction where possible. However, most matters require more than two hours to complete; if that’s the case, I’ll provide a follow-up proposal outlining how I'm able to help and an estimate of legal fees.

I set aside only a limited number of consultation times. If you can’t find a suitable time, or would like to clarify anything before booking, please get in touch — I’ll do my best to accommodate you.