Three areas matter most for product photos: copyright (usage rights are required for every image – including manufacturer photos), unfair competition law (the image must show the product accurately, and decorative items must be labeled) and, for AI-generated images, the EU AI Act labeling obligation that has applied since 2 August 2026. Violations frequently result in formal warning letters in Germany.
Product images are a common reason for formal warning letters in German e-commerce – usually because of unresolved image rights or misleading presentation. The good news: with clear processes for image sourcing, license documentation and image approval, the topic is very manageable. Addressing the following points systematically reduces the risk considerably.
Copyright, people and trademarks
Under German copyright law (UrhG), virtually every photo is protected – as a photographic work or at least as a simple photograph. This means you need usage rights for every image published in your shop. This also applies to manufacturer photos: they may not be used automatically, but only if the manufacturer explicitly permits their use – ideally documented in writing, for example in the dealer agreement or via an image portal with clear license terms. For stock photos, check the license scope (commercial use, editing, duration) and any required attribution. Be particularly careful with images from marketplaces or competitors: copying third-party product photos is a classic trigger for warning letters.
Further rights need checking as well: identifiable people in photos generally require consent to publication (right to one's own image, § 22 of the German Art Copyright Act) – for model shots, a written model release covering commercial use in the shop should be in place. Third-party brands and logos should only appear to the extent necessary to offer the original product; protected signs must not be misused to enhance the appeal of your own or other products. Commissioned photography is also frequently overlooked: the photographer always remains the author – even for paid shoots, the usage rights for the shop, marketplaces and advertising channels must be granted explicitly by contract.
Avoiding misleading presentation – including AI images
Under German unfair competition law (UWG), product photos must not be misleading. The image must accurately show the product's essential characteristics – color, variant and above all the scope of delivery. Accessories or decorative items shown but not included should be clearly labeled (e.g. "decoration not included"). Excessive image editing that distorts product characteristics can also be considered misleading. For products with variants, the displayed image should always match the selected variant – for example the chosen color or size. A proven checklist for image approval:
- Document usage rights for every image (own photos, manufacturer approvals, stock licenses)
- Show the scope of delivery unambiguously; label decoration and accessories
- Obtain and archive consent from identifiable people
- Show third-party brands and logos only as far as necessary
- Maintain alt text for all product images – important for accessibility under the BFSG and beneficial for SEO
More and more shops generate product images with AI tools. Note: since 2 August 2026, the EU AI Act's labeling obligation for AI-generated content has applied. It falls on the providers of AI systems: their images must be marked in a machine-readable way as artificially generated, with a short transition period for systems placed on the market before that date. For shops, the main point is that this marking must not get lost on its way into the shop. Independently of this, the prohibition of misleading presentation applies without restriction: an AI image must not depict the product differently from how it actually is – neither in material and color nor in proportions. It is also worth noting that, according to the prevailing legal view, purely machine-generated images do not themselves enjoy copyright protection.
This article does not constitute legal advice. We are happy to support you with the technical side – image management, alt text, AI-assisted image workflows and clean product data; simply book a free initial consultation.