Can I use this photo in my ad? Image rights in Austria

In short: You may only use a photo from the internet in your ad if you hold a licence that allows advertising. In Austria every photo is protected, even a phone snapshot, for 50 years from when it was taken. If the image shows recognisable people, you also need their consent. The safest options are your own photos or stock images with a commercial licence that you keep on file.

The creative is done, the screen is picked, only the image came "from somewhere online". This is where the expensive mistakes happen. Not because anyone wants to cheat, but because "it's on the internet anyway" is not a usage right. This article explains which rights you need for an ad creative on a screen and how to make them provable.

This is not legal advice for your individual case. The rules behind it are in the Austrian Copyright Act (RIS).

Is every photo protected by copyright?

Yes. In Austria every photo is protected, whether it is a professional shot or a phone picture. Whoever took it decides who may use it.

The law distinguishes two levels:

For your ad the difference barely matters. Both levels mean: no permission, no use. A photo taken in 2010 is protected until at least 2060.

Can I take images from Google, Instagram or other websites?

No. An image that is publicly visible still may not be used for advertising unless the rights holder has allowed it.

Three common misconceptions:

• "I'm crediting the source." A credit does not replace a licence. It is sometimes required in addition, but never the permission itself.
• "I edited the image." Cropping, filters, text on top: the image is still the photographer's image.
• "It only runs for a few days." Duration does not change whether you may show it. An ad screen is public. Everyone walking past sees your creative, including the photographer.

Photos a customer sends you ("feel free to post this") are not a release for advertising either. Ask specifically.

What should you check with stock photos?

Stock photos are the easiest way to use someone else's image. What matters is not the image library but the licence text for exactly the image you take.

Check these five points before downloading:

1. Commercial use allowed? Advertising your business is commercial. Images marked "editorial use only" are off limits for ads.
2. People in the image released? Reputable providers state whether there is a model release. If there isn't, skip the image.
3. Brands, logos, artworks in the image? A model release does not cover the logo on the T-shirt. Pick images without recognisable third-party brands.
4. Editing allowed? For a screen creative you crop and add text. The licence has to permit that.
5. Credit required? Some licences require the photographer's name in the creative. On a screen with a few seconds of airtime that is impractical. Pick an image without that requirement.

The licence text also applies to image libraries that charge no fee. "No fee" does not mean "no rules".

Do you need consent from people in the photo?

Yes, if the person is recognisable. Austrian law protects people shown in images from publication that harms their legitimate interests (§ 78 UrhG). With advertising without consent, that happens quickly.

How to do it properly:

• Employees: written consent for advertising, naming the media (website, social media, screen) and duration. Get it separately from the employment contract.
• Customers: only with written consent. A photo of your busy shop with recognisable guests is risky for advertising.
• Children: consent from their parents or guardians.
• Plan for withdrawal: someone who leaves your team may not want to stay in your ad. Keep the creative easy to swap.

A photo without recognisable faces (hands, backs, product in focus) saves you most of these questions.

May you show logos, brands and buildings?

In Austria you may generally photograph and show buildings that stand permanently in public places (§ 54 UrhG). Third-party logos and brands only go into your creative if you have a release.

• Your own shop from outside: no problem.
• City views: buildings in the streetscape are fine. Artworks indoors, for example in museums, are not covered.
• Manufacturer logos: if you are a retailer or certified service partner, ask the manufacturer for dealer material. Many provide images and logos with usage rules. Without a release: drop the logo.
• Manufacturer product photos: these are photographs too. Use them only if the manufacturer releases them for dealer advertising.

What about AI images, fonts and music?

Here, too, the licence text decides. For every tool, check whether commercial use of the output is allowed.

• AI images: read the tool's terms of use. Don't recreate real people, brands or well-known characters. An AI image that looks like a specific photo does not protect you from that photo's author.
• Fonts: fonts have licences just like images. Check that your font licence covers advertising, including fonts from design tools.
• Music in video creatives: music needs its own rights for advertising. Use music with an explicit advertising licence or go without sound. A creative should work without sound anyway.

What happens if you use an image without the rights?

The rights holder can demand that you stop using it immediately and can also claim money. The law provides for injunctions, reasonable remuneration and, where there is fault, damages (§§ 81, 86, 87 UrhG).

In practice this usually arrives as a letter from a lawyer or a picture agency, plus legal fees. You have to replace the creative anyway. A properly licensed image almost always costs less than an unresolved one.

The Austrian Economic Chamber WKO provides template texts for transferring rights in case you commission a photographer.

How do you prepare a creative with clean rights for your screen?

With five steps before you upload. They take little time and spare you most problems.

1. Choose the image source: your own photo, a commissioned photographer with a written transfer of rights, or a stock image with a commercial licence.
2. Save the licence: licence text, invoice and download date as a PDF in one folder per campaign.
3. Clear the people: written consent that names "screen advertising" as a medium.
4. Remove third-party brands: retouch logos, labels and artworks in the background, or change the crop.
5. Fit the format: resolution and aspect ratio are in the creative specs. How to build a creative without a designer is shown in the Canva workflow.

Then upload the creative when you book. Every creative is reviewed before it starts, by AI and a human. What gets checked is explained in creative review and approval. Important: the review looks at the content of the creative. It cannot see your licence agreements. The rights to the image have to be yours.

Frequently asked questions

Is it enough to credit the photographer in the creative?

No. A credit does not replace permission. First you need a licence that allows advertising. Whether you must also credit is stated in the licence text.

May I use a photo I took myself in my shop?

Yes, you own the rights to that photo. Just watch out for recognisable people without consent and for third-party logos or artworks in the picture.

Does my Instagram licence also cover the ad screen?

Only if the licence allows advertising in all media or explicitly covers screen and out-of-home advertising. If it only says "social media", ask or pick another image.

Does adyoutiser check whether I hold the image rights?

No. The review before the start looks at the content, not at your contracts. The rights to the creative are yours. Common booking questions are answered in the FAQ.

How small can I book for a first test?

From a €2 minimum order, and one day is enough. At a 10 % share of airtime, 6 seconds of every minute are yours. You can see which screens are bookable on the map.

Image cleared, creative ready: book your screen and upload your creative.