If you discover that photographs to which you hold rights, or in which you are recognisably depicted, are being used by another user, you should first document the use and then report it. Whether the use is in fact unauthorised depends on the rights to the photograph, any existing permissions and the specific context.
First, check what rights or permissions apply
First, clarify whether you took the photograph yourself, have been granted the relevant rights of use, or are entitled to take action against the use for any other reason. In doing so, take into account any agreements with photographers, clients, employers, agencies or image databases. Previous consent to use the photograph may also be relevant.
Photographs may be protected as photographic works or as photographic images. Section 72 of the Act on Copyright and Related Rights contains specific provisions relating to photographic images in particular. The German Patent and Trade Mark Office also provides a general overview of copyright law.
Possession of the object depicted or of an image file does not automatically mean that the rights to the photograph are held. Conversely, a photograph may not be used at will simply because it was already publicly accessible. Whether a specific use is permitted depends, amongst other things, on authorship, granted rights of use, consents and possible statutory exceptions.
Record the use and preserve your evidence
Document the relevant advert as soon as possible. Save or note down the advert ID, the title and link, the profile name of the user who published it, the date and approximate time of discovery, and the position of the images in question within the advert.
Take clear screenshots or create a PDF file showing, where possible, the full advert, the profile name, the advert ID or link, and the images in question.
You should also retain your original files and any existing evidence. This may include RAW files, original image files, metadata, previous publications, contracts, licences, invoices or correspondence regarding the creation and authorised use of the images.
Do not alter the original files. Metadata and previous publications may assist the review, but do not in themselves constitute conclusive evidence in every case.
Report the advert in question
Open the advert and use the ‘Report a problem’ function provided there. Describe objectively which photograph is affected, why you believe it is being used without authorisation, and what your entitlement is based on.
You can find detailed instructions in the article How can I report a problem with a listing?
If the advert is no longer accessible or you require further assistance, please use the contact form. Please still provide any available advert IDs, previous links, titles and other unique details.
If several adverts are affected, please provide a clear breakdown. For each advert, state the link or ID, the title, the relevant profile, the photograph used in each case and the corresponding evidence. This makes it easier to review the individual instances.
What suchen.expert can check and take action on
suchen.expert can review a report based on the available information, the applicable rules and the evidence provided. Depending on the outcome, additional information may be requested and the measures set out in the General Terms of Service may be taken. These may include, for example, the restriction or removal of content, as well as restrictions on a user account.
A report does not guarantee either immediate removal or a specific outcome of the review. The platform does not make binding decisions on copyright or private claims, does not award damages, and cannot guarantee that an image will not be republished anywhere in the future. A moderation decision is no substitute for a court ruling.
Only contact the other user if it is appropriate and safe to do so
You may, if you wish, use the messaging function to inform the other user in a factual manner of the possible unauthorised use. Clearly identify the photograph and the advert, briefly explain the basis of your entitlement, and request removal or an explanation of the basis on which the image is being used.
Refrain from making threats, using abusive language or making public accusations. Do not demand payments or personal documents if you are unable to assess the legal basis with certainty.
In the event of threats, extortion, harassment or any other security risk, you should refrain from making direct contact and involve the relevant authorities.
Distinguish between the rights concerned
Copyright relates to the photograph as a work or a protected photographic image and to the rights of use attached to it. Of particular significance may be who took the photograph and which rights of use were subsequently granted.
If the photograph depicts you or another identifiable person, personality rights and the right to one’s own image may also be affected. Section 22 of the Artistic Copyright Act sets out the principle of consent in this regard. Whether consent is required or a statutory exception applies depends on the specific circumstances of each individual case.
Trade mark and ownership issues must be distinguished from this. The depiction of a logo or a branded product does not automatically constitute a trade mark infringement. Similarly, ownership of a depicted object does not automatically confer rights to the photograph.
In your report, therefore, state as precisely as possible which right you believe is affected, without presenting an unconfirmed infringement as a proven fact.
If the photograph shows you or other people
If you are recognisably depicted, state this explicitly in the report. State whether and to what extent you have consented to publication, or why you believe that no valid consent has been given.
In the case of images of children, intimate photographs or other particularly sensitive situations, you should only provide the information necessary for the assessment and consider seeking expert help at an early stage.
If only other people are affected, they may have rights of their own and should, where possible, report the use themselves or expressly authorise you to act on their behalf. Do not publish or forward the image unnecessarily simply to substantiate the complaint.
In the event of republication
If the photograph is republished after being removed, please also record the new location and report the new advert. Refer to previous reports and, where available, provide their date, the previous advert ID or other reference details.
Each new publication may be reviewed separately. A previous removal does not automatically lead to permanent monitoring of all content published in future.
If the photograph also appears on social media, other platforms or third-party websites, you must also report its use to the respective operator. suchen.expert cannot remove content outside its own platform.
Protect personal data and avoid public accusations
Only provide information that is necessary for the review. Do not publish the names or addresses of private individuals, identity document details, messages or unsubstantiated accusations in an advert, profile, review or any other publicly visible area.
You should not send complete copies of identity documents or other particularly sensitive documents unsolicited. Further information on the processing of personal data can be found in the Privacy Policy.
When legal advice is advisable
Expert legal advice may be particularly advisable if the images are used for commercial purposes or repeatedly, if there is a risk of significant damage, if publication continues despite a request to cease, if the legal situation is unclear, or if several countries are involved.
In such cases, it can be assessed whether, and against whom, claims for an injunction, disclosure or damages exist, for example. The German Patent and Trade Mark Office provides a general overview of how to enforce such rights.
Reporting an issue to suchen.expert does not suspend any statutory time limits and does not replace taking legal action yourself. Further information can be found in the article When and how can I take legal action in the event of a conflict on suchen.expert?
In the event of imminent danger, threats or extortion, contact the police immediately. In urgent cases, you can reach the police in Germany on 110. In such a situation, do not wait for a platform review to be completed.
