[Direct answer]There's a high chance of infringement. Images on stock photo websites are by default "owned by others" — downloading them may violate the website's terms of service, and using them commercially (for advertising, public account illustrations, e-commerce product pages, or printed materials) directly infringes copyright. Even if the website labels the images as "for learning and sharing only," using them commercially is still infringement. There are only two exceptions: images with explicit open-source and free licenses (to be used according to the agreement) and images that you've taken yourself or obtained with legal authorization.

1. Problem background and typical scenarios

Typical legal pitfalls in image copyright infringement: An operator directly posts an image from a search engine to a public account, only to receive a cease-and-desist letter from the image library company; an e-commerce product page uses an image from a "free website", but the site's "free" images are only available for personal, non-commercial use; disputes arise over the allocation of responsibility for copyright infringement in outsourced design deliveries; an enterprise's official website has been online for three years with no attention paid, and the image library pursues legal action demanding compensation. Images are the foundation of content production, but if they aren't properly filtered before being used, the entire organization's compliance can be compromised.

II. Key points of contention

First, the verification of the ownership chain. Whether the stock photo company has really obtained authorization (the defense space of the broken chain). Second, the determination of commercial use. The commercial boundaries of using images in public accounts, promoting in WeChat Moments, and internal publicity. Third, the level and strategy of compensation. Single-image claims range from hundreds to tens of thousands, and the response rhythm of batch-protecting rights. Fourth, the responsibilities of outsourcing and reprinting. The implementation of the designer's guarantee and the platform's obligation to remove content.

III. Professional analysis by Henglue Lawyers

The compliance framework for commercial use of images is divided into three stages: "risk identification - authorization verification - infringement response". **Risk Identification Stage**: - Authorization structures of stock image websites are categorized into four types: - Paid image libraries (visual categories, legitimate platforms) require purchased authorizations, priced based on usage scope (media, advertising, packaging each with different tiers). - Free image libraries include "genuinely free" platforms (e.g., Pixabay, Unsplash) and "pseudo-free" platforms (where the site lacks authorization rights for third-party images, and "free" labels are unreliable). - Search engine images are all presumed copyrighted by default. - Social media images, celebrity photos, and film/TV screenshots are all subject to copyright protection. **Commercial Use Boundary Judgment**: - Corporate public accounts, official websites, e-commerce pages, advertising campaigns, and exhibition materials all constitute commercial use. - Internal training use carries low but non-zero risk. - Posting others’ content with a "copyright removal" notice offers no legal protection—unauthorized dissemination still constitutes infringement, and the "copyright removal" notice merely signals intent, not authorization. **Authorization Verification Stage**: - Enterprises should establish image usage records (source, authorization certificates, usage scope, validity period). - Outsource design contracts should include warranties and breach penalties stating "all used materials have been authorized for commercial use". - For uncertain images, it’s better to refrain from use or purchase authorizations. A single image license costs hundreds of RMB, while a claim letter ranges from thousands to tens of thousands of RMB. **Infringement Response Stage**: - Upon receiving a lawyer’s letter, immediate actions include: - Remove the infringing images (to limit damages; expanded damages are not compensated). - Verify the other party’s ownership (via authorization chain screenshots, ownership certificates, or raising ownership defenses for broken chains). - Audit usage scope and quantity (self-check for claim basis). - Assess settlement or litigation (licensing fees range from hundreds to thousands of RMB per image; defenses focus on ownership flaws, usage scope, or originality). - Damages are determined based on actual losses, infringement profits, or license fees multiplied. - Typical single-image settlements range from hundreds to thousands of RMB, with aggravated penalties for malicious bulk use. **Advice for Operations and Design**: - Establish a "white list" of purchased libraries + self-produced content + verified open-source images, and use only approved assets. - For enterprises: Conduct a photo audit of legacy websites and public accounts. Proactively replacing risky images costs far less than passive litigation. - Beijing’s active image protection efforts and abundant litigation precedents demonstrate that "audit-then-replace" is the most cost-effective compliance path. --- **Key Translation Notes**: 1. **术语准确性**: - "视觉类"译为"visual categories"，"正版图库平台"译为"legitimate platforms"。 - "侵删"译为"copyright removal"声明。 - "存量官网"译为"legacy websites"。 - "批量维权案件"译为"mass litigation cases"。 2. **句式结构**: - 长句拆分为短句，确保流畅。 - 法律条款部分采用正式中文表达。 - 技术细节如赔偿标准用数字列表呈现。 3. **文化差异**: - 保留"先体检后替换"的术语，并适当解释其含义。 - 北京地区的案例研究用"active image protection efforts"译出其积极性。 4. **专业术语**: - "授权链条"译为"authorization chain"。 - "侵权获利"译为"infringement profits"。 - "许可费倍数"译为"license fees multiplied"。 5. **语气一致**: - 正式严谨的法律分析语气。 - 建议部分保持指导性建议的口吻。 6. **数字格式**: - 保留中文数字格式，如"几百元"。 - 括号内补充英文解释，如"claim letter ranges from thousands to tens of thousands of RMB"。 7. **段落分隔**: - 使用项目符号或分段，确保信息清晰。 8. **文化背景**: - 注明"北京地区"对应"Beijing"，避免混淆。 - 保留"存量官网"对应"legacy websites"的译法。 9. **校对**: - 检查术语一致性，确保专业性和准确性。 - 调整句式结构，符合中文表达习惯。 - 确保数字、名称、专有名词正确无误。

IV. Practical suggestions and legal basis

The first step is source management: implementing an account-based system for image use and archiving authorization certificates. The second step is outsourcing contracts: incorporating clauses on material authorization guarantees and breach of contract liability. The third step is damage control in the event of infringement: immediately suspending use and verifying ownership rights upon receipt of legal notices. The fourth step is bulk response: negotiating on a tiered basis based on usage scope and ownership defects. The main legal basis includes Articles 10, 53, and 54 (calculation of compensation) of the Copyright Law of the People's Republic of China (amended in 2020), relevant provisions of the Regulations on the Protection of the Right of Network Dissemination, and specific applications shall be subject to the currently effective laws and regulations.

5. Henglue Law Firm's Advice

There are three golden rules for ensuring image compliance: prioritize the main image, use images from the whitelist, and keep records of all images. If you receive a lawyer's letter, first suspend the use of the images and then conduct an investigation. When defending against claims of ownership chain defects, you must address the key issues. If there are no warranty clauses in the outsourced design contract, you're essentially assuming liability for others. For issues involving image infringement or compliance checks, you can seek assistance through the relevant platforms or professional services.Intellectual property protection and corporate lawYou can refer to the overall solution for the service, which involves outsourcing contracts and guarantee clausesBusiness and contract disputes in enterprisesFor plates related to the enforcement of compensation, you can refer to the following for referenceCreditor's rights and debts, and enforcement casesFor plates related to the construction of an enterprise's content compliance system, they can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Can marking "Will delete if infringement" exempt one from liability?

No, unauthorized use does not become legal just because of a statement.

Q2: If I modify a picture and use it commercially, does that constitute infringement?

Yes, both the adaptation rights and the reproduction rights are within the scope of the authorization, and the secondary processing does not whitewash the original content.

Q3: Can the images generated by AI be used commercially?

When reviewing the terms of service of the generation tools, most platforms have separate agreements for commercial output. Be mindful of the risks associated with training data.

Q4: How to defend against claims of ownership defects in the case of image libraries?

It is required to present a complete chain of authorization, ensuring that every link from the photographer to the image bank to the rights protection is seamless.

Q5: Are internal promotional materials considered commercial use?

The risk is relatively low but not zero. The internal materials that are visible to the outside world (exhibition halls, external versions of employee manuals) should be treated as commercial materials.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.