In the digital age, images have become an integral part of how websites function. However, their role goes far beyond the aesthetic aspect – they are now an active tool in marketing and optimisation (SEO) strategies. In this context, it is very important to understand the difference between editorial and commercial use of photographs – and the resulting legal implications.
Photographs uploaded to websites are often used to increase visibility in search engines and improve positions in organic results. In practice, this means that even photographs used purely decorative or informative – e.g. as an illustration of a blog post on a company website – support sales and brand-building objectives. As a result, such use is treated as commercial, regardless of whether the image depicts a product, an event or simply fits thematically with the content.
It is worth emphasising that any commercial use of an image – i.e. use that contributes directly or indirectly to economic gain – requires an appropriate licence or consent from the author. The use of an image without such consent may lead to serious legal consequences, including financial claims from the copyright owner.
The boundary between commercial and editorial use is also sometimes problematic in the media. Even if an image is used in a news article, this does not automatically mean that it falls within the scope of so-called permitted press use. An example would be if the photograph was taken and published before the events described in the article and does not directly document them. In such a case, press law exceptions cannot be invoked – editors cannot freely select any images just because they “fit” the content.
This is why stock photo banks have been created, where appropriate licences, including editorial licences, can be purchased to allow the legal use of photographs in press publications or on websites.
In summary, whether an image illustrates a blog article, appears on a product page or in the background of a homepage, if its presence supports a company’s business strategy, it is considered commercial use. In such a situation, the lack of appropriate rights may result in civil and, in extreme cases, criminal liability.