Picture not perfect

A naval architect designed a series of yachts in 2010 and subsequently displayed photographs of these yachts on their website to promote their design work. The photographs had originally been arranged through an intermediary and taken by a professional photographer.

In 2025, the photographer discovered these images on the naval architect’s website and could not locate any record of having granted permission for their use. He issued a cease‑and‑desist notice requesting the removal of the photographs and demanded a settlement of €18,500. The naval architect maintained that they would not have used the images without permission but were unable to locate any documentation confirming this.

Local lawyers were instructed to assist, as the naval architect wished to retain the ability to use the photographs of their yachts on their website.

ITIC assisted in resolving the dispute, ultimately paying the settlement and associated legal costs, while the naval architect covered the cost of acquiring the new image rights.

It is always recommended to keep documents safely for at least seven years. Here, the naval architect was contacted after 15 years. The seven-year period is chosen because it is usual in most cases to have a statutory six-year time bar, plus an extra year for delayed service. However, often there is a question as to when the six years starts to run or if it has been interrupted. In copyright claims, if the infringement is “ongoing” the period can be extended. This claim was not subject to English law.