Home / Guide

Someone used your photos without permission: how to fight back on Facebook, Instagram and in listings

Craftsman, estate agent or photographer: when a photo is protected by copyright, what counts as infringement, how to secure evidence, report the content to the platform, send a demand and when to claim money or go to court.

You photographed a finished bathroom, a flat to rent or your own work and posted the pictures on Facebook, Instagram or in a listing. A week later you find them on someone else's page as “our projects”. Czech law gives you clear tools to stop this.

1. Is your photo protected?

Yes, if it is original, meaning your own intellectual creation (Section 2(1) and Section 2(2) of Act No. 121/2000 Coll., the Copyright Act). An ordinary, well-taken photo of your work or a property usually meets this condition. There is no registration: protection arises automatically.

The author is the natural person who took the photo (Section 5(1) of Act No. 121/2000 Coll.). A company is therefore not the author, but for a photo taken by an employee as part of their job the employer exercises the economic rights unless agreed otherwise (Section 58(1) of Act No. 121/2000 Coll.). Did an outside photographer shoot for you? Then it depends on your licence agreement with them. The person whose name is customarily shown on the work is presumed to be the author unless proven otherwise (Section 6 of Act No. 121/2000 Coll.).

2. What counts as infringement

Only the author, or someone the author has authorised by contract, may use the work; without permission only in cases expressly set by the law (Section 12(1) of Act No. 121/2000 Coll.). The fact that a photo is publicly visible online changes nothing. Infringement includes in particular:

• saving or downloading a copy of the photo (reproduction, Section 13(1) of Act No. 121/2000 Coll.),
• uploading it to a website, social network or listing so anyone can see it (communication to the public, Section 18(2) of Act No. 121/2000 Coll.),
• passing the photo off as one's own work (the author has the right to claim authorship, Section 11(2) of Act No. 121/2000 Coll.),
• cropping, retouching or removing a logo without consent (right to the integrity of the work, Section 11(3) of Act No. 121/2000 Coll.),
• removing a watermark or the data in the photo that identifies it (interference under Section 44(1) and Section 44(2) of Act No. 121/2000 Coll.).

The quotation exception does not rescue this: it allows only extracts from other people's works to a justified extent within one's own work (Section 31(1) of Act No. 121/2000 Coll.), not taking a whole photo into one's own advertising.

3. Step by step

Step 1: secure evidence before the copy is deleted. Save screenshots showing the page name, address (URL), date and time. Save the link to the post too. Capture the whole post including the caption and comments.

Step 2: prepare proof of your authorship. Useful items are the original file from your phone or camera (with its shooting data), other shots from the same series, the date of your first publication and your name or watermark on the photo (presumption of authorship under Section 6 of Act No. 121/2000 Coll.).

Step 3: report the content to the platform. A hosting provider, which includes a social network, must offer a mechanism for reporting illegal content electronically (Article 16(1) of Regulation (EU) 2022/2065, the DSA). The notice should contain an explanation of why the content is illegal, its exact location (URL), your name and e-mail and a statement that you act in good faith (Article 16(2) of Regulation (EU) 2022/2065). On Facebook and Instagram you will find the copyright report form in the platform's help centre. It is the fastest step and it is free.

Step 4: send the infringer a demand. If you know who it is, send it in a way you can prove (an e-mail or message you keep). Ask them to remove the photo within a set period (7 days is reasonable), stop using it and tell you where else it was used. An author may claim a ban on the unauthorised interference, information on the extent of use and removal of consequences, for example withdrawal of copies (Section 40(1) of Act No. 121/2000 Coll.). Write factually and politely, without insults. It also makes a better basis for a possible court case.

Step 5: money. Instead of the profit actually lost you may claim lost profit in the amount of the fee that is usual for such a licence. The unjust enrichment of someone who used the work without a licence equals twice the usual fee (Section 40(4) of Act No. 121/2000 Coll.). Depending on the circumstances you may also seek an apology or monetary satisfaction for non-pecuniary harm (Section 40(1) of Act No. 121/2000 Coll.). You can show the usual fee with a photographer's price list or the price of the same photo at a stock agency.

Step 6: a lawsuit. If the infringer does not react, you can file a claim in court. The court may also give a successful author the right to publish the judgment at the expense of the party who lost (Section 40(3) of Act No. 121/2000 Coll.). Do not delay: the limitation period for property rights is generally three years (Section 629(1) OZ), although the law sets a different period for some claims.

4. When a competitor copies photos: unfair competition

If the infringer is a craftsman or an estate agency who used the photos to win business, it is often also unfair competition. That is conduct contrary to the good morals of competition that may harm competitors or customers, for example misleading advertising or free-riding on another business's reputation (Section 2976(1) OZ and Section 2976(2) OZ, letters a) and d)). Advertising is misleading if it deceives customers and can influence their decisions (Section 2977(1) OZ). Typical cases are a listing with someone else's photos of a flat the advertiser does not actually offer, or “our projects” that someone else carried out. The injured party can demand that the competitor refrain from unfair competition and remove the unlawful state of affairs, and also satisfaction, damages and the return of unjust enrichment (Section 2988 OZ).

5. A criminal complaint: when it makes sense

Copyright infringement is a crime, but only where someone interferes with protected rights unlawfully and not insignificantly (Section 270(1) of Act No. 40/2009 Coll., the Criminal Code). It is punished more severely where the act shows signs of business activity, brings considerable benefit or is on a considerable scale (Section 270(2) of Act No. 40/2009 Coll.). For one copied photo the civil route from the steps above is therefore the usual choice. Consider a criminal complaint to the police for repeated, large-scale copying, especially by a business.

6. How to prevent problems

• Keep the original files and the date of first publication.
• Put a discreet watermark on photos and do not upload the highest resolution to social networks. Removing a watermark is an interference with the right (Section 44(1) of Act No. 121/2000 Coll.), so a copy is easier to prove.
• Have a written licence with your photographer stating where and how you may use the photos.
• If you photograph work at a client's property, agree in the contract that the photos may be used in advertising. If a person is in the photo, their likeness may be circulated only with their consent (Section 85(1) OZ).
• Do not use other people's photos yourself, whether from the internet or from competitors. Use only your own photos, photos bought with a licence, or photos from a free-licence bank under its terms.

This article is general information, not legal advice for a specific case. Updated 30 Oct 2026 in line with the laws in force. — 777 PRODUCTION s.r.o.