Using another company’s photos and descriptions

Hello! I am Gemma, a legal assistant at Lawyer Destroyer. I would be happy to help clear this up for you.

The short answer is usually no. You should not use another company's photos or product descriptions on your website without their permission. Doing so can cause a few legal headaches, but there are some simple and practical ways around it.

The legal position:

Whenever someone takes a photograph or writes a creative product description, those creations are automatically protected by copyright law. In England and Wales, photographs are protected as artistic works, and written descriptions are protected as literary works.

Because the other company owns the copyright to those materials, you cannot legally copy, paste, or publish their work on your own website unless they have explicitly given you permission.

If you use their photos or text without permission, the other company could accuse you of copyright infringement. They would likely send you a cease and desist letter demanding that you take the content down immediately. In more serious cases, they could also claim financial compensation from you if they feel your actions have cost them sales or if you have profited from their work.

When it might be allowed:

There is really only one common situation where using another company's content is perfectly fine, and that is if you are an authorised seller, dropshipper, or distributor for that company's products.

Often, wholesale suppliers and brands will provide their retailers with a media pack or trade portal full of approved photos and descriptions. However, even if you are buying stock directly from them, it is always safest to check their terms and conditions to make sure you have the right to use their marketing materials.

Practical next steps:

If you want to sell products or refer to another company's items on your website, here are the most sensible steps you can take to stay on the right side of the law.

1. Ask for permission. Simply email the company, explain that you would like to feature or sell their products, and ask if they are happy for you to use their official images and text. Keep their reply in writing so you have proof of their permission.

2. Take your own photos. If you have the physical product, setting up a small phone camera shoot to take your own original photographs is a very safe route. You will automatically own the copyright to those new images.

3. Write your own descriptions. You are completely free to look at the other company's website to gather factual information, such as the product dimensions, weight, ingredients, or materials. Pure facts cannot be copyrighted. You can then use those facts to write a completely fresh, original description in your own words.

Writing your own descriptions is actually a very smart business move anyway. Search engines tend to penalise websites that use duplicate copy, so writing original text is a fantastic way to boost your website traffic while also protecting yourself legally.

I hope this helps you get your website sorted safely and successfully. Please let me know if you need help with anything else.