Product Photos in the Supply Chain: Whoever Passes On Images Often Grants Rights They Do Not Have
Updated: Sep 24
Whoever passes on product photos often grants rights they do not actually have.
This is illustrated by a recent decision of the Higher Regional Court (Oberlandesgericht, OLG) of Celle (judgment of 12 May 2026 – 13 U 88/25, "Parkettfotos", GRUR-Prax 2026, 449).
The case: A manufacturer had product photos taken for advertising purposes. There was no clear agreement on the scope of the rights of use. The manufacturer passed the product photos on to its dealers. The dealers used them in their own online shops. The photographer sued. He argued that he had not granted rights of use of such breadth. The OLG Celle sided with the photographer.
The court's key findings: No exclusive right without a clear agreement. Whoever commissions advertising photos does not automatically acquire an exclusive right of use. Nor the right to pass the images on to dealer customers for their own use at will. Absent a clear agreement, the narrow purpose applies (see § 31(5) of the German Copyright Act, UrhG – the purpose-of-transfer rule, "Zweckübertragungslehre").
The supplier's assurance does not protect the dealer. The dealer must verify the chain of rights itself – and on the basis of verifiable documents. A "you may use this" by e-mail is not enough. Limitation is no safe harbour. Under § 102 sentence 2 UrhG in conjunction with § 852 of the German Civil Code (BGB), the residual damages claim (Restschadensersatzanspruch) survives. It is calculated by way of licence analogy (Lizenzanalogie) – including a surcharge where the author was not named (§ 13 UrhG).
This hits practice hard. Product images travel down supply chains like data sheets. Legally, they are something entirely different.
Consequences / recommendations:
Document the chain of rights! Make clear agreements and document them! Fix the scope of the licence in writing – exclusivity, transfer to dealers, duration, territory, media.
As a dealer, request a documented chain of rights. No use without proof.
Supply and observe the author attribution. Otherwise the surcharge adds to the cost.
Review existing image stocks now. Do not wait for the cease-and-desist letter. Otherwise it becomes expensive.
