The hidden risk behind “free” images

Micro and small enterprises often build their websites pragmatically: a few clicks, a polished template, a picture from Google Images, and the job seems done. Cheap, fast, professional, or so it looks.

The reality is less convenient. That “free” image may carry a price far higher than the entire cost of your site. Dutch copyright law does not tolerate shortcuts. Every photo is protected the moment it is created, and unlicensed use is infringement. Cropping, filtering, or “personalizing” the image does not erase the right of the photographer.

And let’s be clear: Google Images is a search tool, not a license.

Copyright under Dutch law: no grey zones

The Auteurswet (Copyright Act) gives creators exclusive rights to reproduce, publish, and license their work. No registration is required. If you use a photo without consent, or without a verified royalty-free source, you are infringing. Ignorance is not a defense; liability applies regardless of intent.

How infringement is detected

Photographers and stock agencies do not rely on luck. They deploy automated systems scanning millions of pages daily. When your company’s website displays a protected image, expect a claim letter. It will demand payment and hint at litigation.

The cost for small businesses

For an MSE, the blow is not theoretical. It is financial and reputational. One image can trigger claims that exceed weeks of turnover, and the infringing material must be removed immediately, leaving gaps in your branding and layout.

Typical risks for MSEs:

• Financial claims: demands of €500–€2,000 per image, far beyond any license fee.
• Reputational harm: being labelled a content thief damages credibility.
• Legal costs: escalation means lawyer fees and court expenses.
• No defense in ignorance: “I didn’t know” is irrelevant under the law.
• Repeat exposure: multiple unlicensed images multiply liability.

The trap of professional photography

Even hiring a photographer does not automatically secure your rights. Payment for the shoot is not enough. Unless the contract explicitly transfers reproduction and publication rights, the copyright remains with the photographer under the Auteurswet. 

The result: your company could end up paying twice, once for the shoot, and again for licenses you assumed were included.

Staying ahead of the risk

Copyright is not a theoretical compliance exercise. For MSEs, it is a live business risk. A single misstep can cost more than a month’s revenue. The way forward is not complex, but it requires discipline.

What to do in practice:

• Use only licensed or royalty-free stock images (Unsplash, Pexels, or paid agencies).
• Keep receipts and download confirmations as proof of license.
• Train staff that Google Images is not a stock library.
• Produce your own photos where possible, it strengthens brand authenticity.
• Audit your website regularly to detect and replace risky visuals.

Final note

Visuals are essential to credibility. But in business, credibility is also measured by respect for law. Treat copyright as part of your compliance strategy, not as an afterthought. The photograph that looks free is rarely free and the cost of ignoring this reality is always higher than the price of doing it right.