Work was proceeding as usual at a reputed builder’s office. He was busy with bookings for a new project, client meetings, bank discussions, social media campaigns, and advertisements.
Amidst this, he received an email from a foreign company.
“You are using our photo without permission. Please contact us immediately.”
The builder saw the email but ignored it. He thought, “Spam emails like this arrive every day.”
A few days later, another email arrived.
Then came a phone call.
Another reminder followed.
However, caught up in the hustle of work, he paid no heed to it.
A few months later, a legal notice arrived at his office. It claimed that an attractive photo used on his project’s website, social media advertisements, and digital brochures was protected by the copyright of an international photo library company. The necessary license to use that photo had not been obtained.
The builder still felt the matter wasn’t particularly serious.
“It’s just a photo, after all!” he said, dismissing the notice.
Sometime later, he received information about court proceedings. After consulting with lawyers, he realized the situation was indeed grave. Considering the need to remove the photo, legal expenses, settlement amounts, management time, and the impact on his reputation, he stood to pay a heavy price. That was when he realized his biggest mistake had been ignoring those initial emails and notices.
Although this story is fictional, such incidents are occurring worldwide, and builders and developers in India are no exception.
What exactly is the risk?
Using attractive photographs has become a necessity in the real estate business today. Photographs are extensively used across websites, Facebook, Instagram, brochures, hoardings, videos, email campaigns, and project presentations. Marketing agencies, graphic designers, or social media managers often source these photos from the internet. Sometimes, these are downloaded from stock image websites without obtaining the necessary license.
Problems arise when the original owner of the photo or a company representing them—discovers this unauthorized use. Nowadays, such companies use sophisticated software to monitor websites, social media posts, and advertisements worldwide. Once unauthorized use is detected, they send a legal notice to the concerned individual or organization.
“It was on Google, so it must be free” – The biggest misconception
Many business owners believe that anyone can use a photo simply because it is easily available on Google. This is completely incorrect. Just because a photo appears on the internet does not mean it is in the public domain. Most photographs are protected by copyright law, and the owner’s permission is required for commercial use.
Why are builders particularly at risk?
The real estate business relies heavily on visual marketing. Images of beautiful homes, luxurious lifestyles, happy families, greenery, clubhouses, and swimming pools are used to attract customers. However, many of these images are stock photos rather than actual shots of the project itself. Using these images without proper authorization can lead to legal complications down the line.
How can you protect yourself?
This risk can be significantly minimized by following a few simple rules:
- Verify the source of every photo.
- Ensure you have obtained a license to use the photo.
- Maintain records of licensing documents and invoices.
- Obtain a written guarantee from your marketing agency confirming that all photos used are legally compliant.
- Periodically audit your website and advertisements.
- Immediately remove any photos that are suspicious or of unknown origin.
- Whenever possible, conduct your own photoshoot and use original photographs.
The Final Question
In today’s digital age, copyright compliance is no longer merely a legal matter; it has become a crucial component of business risk management.
The next time you approve an advertisement for your project, ask yourself one simple question:
“Do we have the legal right to use every photo featured in this advertisement?”**
The right answer to this question could potentially save you from a costly legal battle in the future.
Adv. Anand Mahurkar
Intellectual Property Laws Expert
Founder, AM Legal Associates, Pune
