Publishing Images in Commercial Posts and What Companies Should Know Before Posting

Companies and individuals use images every day in website and social media posts without checking whether they have the legal right to use them. This article is written for business owners, marketing managers and content creators who publish images of their products, of people or of other people’s work.

In Brief

A photograph is a work protected under the Copyright Law and may not be published commercially without the permission of the rights holder. Publishing photos of people without their consent may also fall within the scope of the Anti-Cyber Crime Law and the Personal Data Protection Law. The practical solution is to document the source of every image and obtain written permission before publishing.

Is an Image Published Online Free to Use?

Many people confuse an image being available to view online with it being available to use and republish. The Copyright Law protects photographic works and gives the owner alone the right to copy them, publish them and make them available to the public.

Finding an image through a search engine or on a social media account does not grant any permission to use it. Use remains lawful only if the image is expressly licensed for commercial use or you have obtained the owner’s permission.

Who Owns the Rights to an Image Taken by an Employee or a Contracted Photographer?

The general rule is that copyright belongs to the person who created the work, which in the case of photographs is the photographer. For this reason, engaging a freelance photographer does not automatically transfer the rights to the company unless the contract clearly provides for it.

For images taken by an employee as part of their job duties, the employment contract or company policy should expressly address ownership. We recommend that the contract set out the scope of use, its duration, the permitted media and the right to edit the image.

May a Person’s Photo Be Published in a Commercial Post Without Their Consent?

Publishing a person’s photo in an advertisement or commercial post requires their express consent, even if the photo was taken in a public place. Article 3 of the Anti-Cyber Crime Law criminalizes invasion of privacy through the misuse of camera-equipped mobile phones or similar devices.

The same article also criminalizes defaming others and causing them harm through various information technology means. Greater care is needed when publishing photos of children, photos of customers on business premises or photos of people in private situations.

Are Photos of People Personal Data Subject to Protection?

The Personal Data Protection Law defines personal data as any data through which an individual can be identified directly or indirectly. A clear photo of a face falls within this definition because it allows the person in it to be identified.

It follows that collecting and publishing photos of customers or employees is subject to the provisions of the Law and its regulations, including the consent requirement in the cases where it applies. The company must specify the purpose for which the image is used and must not use it for any other purpose without a legal basis.

May a Company Publish Images of Other Parties’ Products or Trademarks?

Publishing an image of a competitor’s product or a trademark owned by another party may raise issues under the Trademark Law in addition to the rights in the image itself. The risk is higher if the post suggests a partnership or endorsement that does not actually exist.

Photographing your own products with a camera owned by the company does not usually raise these issues. The exception is where artworks, other people or trademarks owned by others appear in the background.

Is Crediting the Source Enough to Use an Image You Do Not Own?

Naming the photographer or linking to the page the image was taken from does not replace obtaining permission. The right to have a work attributed to its author is a separate moral right that must be respected alongside the economic right to authorize publication.

The Law permits certain limited uses without permission, such as quotation for the purposes of criticism or education within specific conditions. These exceptions are narrow, however, and do not in principle cover advertising or commercial use of the image.

What Are the Consequences of Publishing an Image Without Permission?

Anyone who publishes an image without permission may face a claim for compensation for damage from the rights holder or from the person shown in the image. The Saudi Authority for Intellectual Property also has jurisdiction over copyright violations according to the procedures set out in the Law.

If the publication involves an invasion of privacy or defamation, the matter may become a criminal case under the Anti-Cyber Crime Law. The company may not escape liability simply because a marketing employee chose the image and published it in the company’s name.

What to Do Now

Start by reviewing the images currently published on the company’s website and accounts and identify the source of each image and the basis for using it. Where you cannot prove your right to an image, the safest course is to replace or remove it before you receive a notice from the rights holder.

Then put in place a written internal policy on image use that requires the marketing team to keep the licence or permission for every published image. Make this policy part of the approval process for any content before it is published on any platform.

Review your contracts with photographers, marketing agencies and content creators to make sure the rights are transferred or licensed with a scope that covers your actual use. Add a clear clause to employment contracts that sets out ownership of materials produced by employees in the course of their work.

For photos of people, obtain a written consent form that specifies the purpose, the publication media, the period of use and the person’s right to withdraw consent. Make sure this form is consistent with the privacy notice the company publishes to its customers and employees.

Frequently Asked Questions

May images from free stock photo platforms be used in advertisements?

This is usually allowed if the platform’s licence expressly permits commercial use. The licence terms should be read carefully because some exclude advertisements or images showing people or trademarks.

Does a company need permission to publish photos of its employees at its events?

The safest approach is to obtain the employee’s written consent because their photo is personal data and their consent is not presumed merely by signing the employment contract. Consent can be included in a separate form signed by the employee that states their right to withdraw it.

What should I do if I find my photos published without my permission?

Keep evidence of the publication with its date and link, then send the publisher a written request to remove the image. If there is no response, you may file a complaint with the competent authority or bring a lawsuit depending on the nature of the violation.

If your company publishes marketing content regularly, reviewing your publishing policies and content contracts early will spare you later disputes. Perfect Solution Lawyers and Consultants will be glad to help you through our Governance and Compliance page or you can book an appointment with one of our advisors through the meeting request page.

This article is based on the Copyright Law and its Implementing Regulations, the Anti-Cyber Crime Law, the Personal Data Protection Law and its regulations, and the Trademark Law of the Gulf Cooperation Council States.

This article is for general awareness and does not constitute legal advice on any specific case.