One of the biggest sources of legal trouble for content creators, agencies and companies is misusing images. The logic that "if it's on the internet, it's free to use" is false and can be costly — in Brazil, lawsuits over image copyright infringement frequently result in damages ranging from a few thousand to hundreds of thousands of dollars.
What does Brazilian law say about image copyright?
In Brazil, copyright is governed by Law 9,610/1998 (the Copyright Law, or "LDA"). It establishes that any intellectual work — including photographs — is automatically protected from the moment it is created, with no need for registration.
This means every photo taken by anyone is protected from the moment it exists. The author doesn't need to sign, stamp, register with a notary, or add the © symbol for their rights to exist. They arise the instant the shutter clicks.
What rights does the author have?
The law guarantees photographers two types of rights:
- Moral rights: inalienable and imprescriptible. The author will always have the right to be recognized as the creator of the work, even after selling it. These include the right to withdraw the work from circulation and to object to modifications that harm its reputation.
- Economic rights: the exclusive right to use, enjoy and dispose of the work — including reproducing it, distributing it, communicating it to the public, and creating derivative works. These rights can be assigned or licensed to third parties.
How long does protection last?
In Brazil, economic rights over a photograph last 70 years, counted from January 1st of the year following the author's death. After that, the work enters the public domain. For anonymous or collective works, the term is counted from publication.
⚠️ Note: even after a work enters the public domain, moral rights remain — the author should still be credited whenever possible.
What counts as copyright infringement?
Infringement occurs when you use a protected image without having:
- Express authorization from the author or rights holder
- A license that permits the intended use (commercial, modification, etc.)
- Coverage under a legal exception (educational use, citation, etc.)
The most common infringement situations include: using photos from paid stock libraries without a license, republishing photographers' photos without credit or permission, using other people's social media images in advertising, and modifying or cropping a photo without the author's authorization.
Types of image license
There are different ways a rights holder can authorize the use of an image:
| License type | What it allows | Examples |
|---|---|---|
| Royalty-Free (RF) | Unlimited use after a one-time payment; doesn't allow reselling the image itself | Shutterstock, Adobe Stock |
| Rights-Managed (RM) | Specific use for a defined term and media; more restrictive and expensive | Getty Images |
| Creative Commons (CC) | Varies by variant; may require attribution, or prohibit commercial use or modifications | Flickr CC, Wikimedia |
| Public Domain (CC0) | Free use, including commercial, with no attribution required | Unsplash, Pexels, Pixabay |
| Editorial License | Use only in an informational/journalistic context; prohibited in advertising | Event photos, public figures |
What are Creative Commons licenses?
Creative Commons (CC) licenses are a standardized system that lets an author define exactly which uses are allowed, without needing case-by-case permission. There are six main variants formed by combining four elements:
- BY (Attribution): requires crediting the author
- NC (NonCommercial): prohibits use for profit
- ND (NoDerivatives): prohibits creating derivative works (cropping, modifying, remixing)
- SA (ShareAlike): derivative works must use the same license
| License | Commercial use | Modify | Credit |
|---|---|---|---|
| CC BY | Yes | Yes | Required |
| CC BY-SA | Yes | Yes (same license) | Required |
| CC BY-ND | Yes | No | Required |
| CC BY-NC | No | Yes | Required |
| CC BY-NC-SA | No | Yes (same license) | Required |
| CC BY-NC-ND | No | No | Required |
| CC0 (Public Domain) | Yes | Yes | Not required |
💡 Practical tip: when downloading images from Unsplash, Pexels or Pixabay, always check that specific photo's license. Most are CC0, but some have additional restrictions set by the photographer.
Where to find free-to-use images?
There are platforms that offer images under permissive licenses, including for commercial use:
- Unsplash — high-quality photos, its own permissive license (commercial use OK, resale prohibited)
- Pexels — photos and videos, mostly CC0 licensed
- Pixabay — CC0 photos, illustrations and vectors
- Wikimedia Commons — a huge collection with varied licenses (check each image individually)
- Google Images — use the "Usage rights" filter → "Creative Commons licenses" to filter by permitted use
- Flickr — search for a specific CC license in the advanced filters
What about photos I take myself? How do I protect them?
If you're a photographer, content creator, or company that produces its own images, there are practical measures to strengthen protection of your work:
Registration (optional, but strategic)
Although not required for the right to exist, registering your photos with Brazil's National Library or a notary creates public proof with a fixed date — which makes any legal dispute much easier. In the digital environment, you can also use blockchain-based registration services, which generate an immutable timestamp.
Watermark
Adding a visible or invisible digital watermark to your images before publishing is one of the most effective ways to discourage misuse and prove authorship. Tools like Lightroom, Photoshop, and even mobile apps let you do this automatically in batches.
EXIF and IPTC metadata
Filling in the copyright, author and description fields in your image's metadata is another layer of protection. This data travels with the file and is visible to any tool that reads metadata. Relevant fields include Copyright, Author/Artist, Credit and Rights URL.
Worth remembering: whoever receives your photo can remove that metadata with tools like our EXIF removal tool — which is why registration and watermarking are important complements.
Clear terms of use
If you sell photos or make images available on your site, publish explicit terms of use. Define which uses are permitted, which are prohibited, and how to request licensing. Clarity reduces conflicts and strengthens your position in case of a dispute.
Check and manage your photos' metadata
See what authorship data is embedded in your images — or remove it all before sharing publicly.
Open EXIF toolWhat to do when your images are used without permission?
Found out someone is using your photos without authorization? Here are the recommended steps:
- Document the infringement: take screenshots with the date, page URL, and any identifiable information about the infringer.
- Contact them directly: often a polite email explaining the situation solves the problem. Request immediate removal or negotiate a retroactive license.
- Send a DMCA notice: if the platform is American (Instagram, YouTube, Google), you can send a DMCA (Digital Millennium Copyright Act) notice directly through the platform to have the content removed.
- Report it to the platform: every major social network has copyright infringement report forms. Use them.
- Consult a lawyer: for cases of unauthorized commercial use with significant damage, legal action can result in compensation. Brazil's copyright law (9,610/98) sets a minimum indemnity equivalent to 3,000 copies of the work, plus moral damages.
Frequently Asked Questions
This article is for informational purposes only and does not constitute legal advice. For specific situations, consult a lawyer specializing in intellectual property.