Using food photos on your restaurant website: UK copyright rules

Every food photo on the internet was created by someone, and that someone owns the copyright. Downloading one for your restaurant menu without permission is copyright infringement under UK law. Even if you credit the photographer, you still need a licence.

Why food photos are protected

Under the Copyright, Designs and Patents Act 1988 (CDPA 1988), photographs are artistic works and are protected by copyright from the moment they are created. The photographer owns that copyright automatically, even if the photo is published online, posted to social media, or shared with no watermark.

When you copy a photo from Google Images, Instagram, a competitor's website or a supplier's catalogue onto your restaurant menu or website, you are committing two acts of infringement under CDPA 1988:

1. Copying (section 17): You are reproducing the work in a material form (storing it on your server or displaying it on your menu).

2. Communication to the public (section 20): You are making the work available to the public by electronic transmission (your website) or in tangible form (a printed menu).

Neither act requires intent. Innocence is not a defence under UK copyright law. Your web designer's mistake is your liability.

What the courts say

In Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd [2015] EWHC 2608 (IPEC), the Intellectual Property Enterprise Court ruled on copyright infringement involving photographs used without permission. The defendant, a home improvement company, had used 21 loft conversion photographs on its website without the photographer's consent.

The court awarded damages of £6,300 in total, including £300 representing a notional licence fee and £6,000 in additional damages for flagrant infringement. The judge found that the defendant's breach was deliberate and without justification.

For small businesses, this case shows that copyright infringement is taken seriously in UK courts. Even with a straightforward liability admission, damages can run into the thousands. The Small Claims Track of the Intellectual Property Enterprise Court (IPEC) handles many cases of this type, and typical awards for single-image infringement range from £200 to £2,000 including costs.

Enforcement: who chases infringers

Getty Images, PicRights, Copytrack and similar companies scan websites automatically looking for their clients' images being used without permission. If they find a match, they send a demand letter. These firms take a percentage of settlements, so they pursue claims actively.

You cannot dismiss a demand letter by removing the image. Once the infringement occurred, the damage is done. Prompt removal may reduce your liability slightly, but it does not eliminate the claim.

Safe sources for food photos

The safest approach is one of these:

Paid stock photography: Getty Images, Shutterstock, Stocksy, Adobe Stock. You buy a licence (often £10-£50 per image) that permits you to use the image on your website. The licence is proof of permission.

Free-with-licence sources:

• Unsplash (photos are free to use for commercial purposes, no credit required; crediting the photographer is appreciated).
• Pexels (similar terms: free for commercial use).
• Pixabay (free for both personal and commercial use).
• Canva (free plan includes stock images with usage rights; paid plan has more).

Always read the licence on each platform. Some free sources have restrictions you must follow.

Your own photographs: Take pictures of your dishes yourself or hire a photographer. If you employ someone to take the photos, the copyright belongs to your business under section 11(2) of the CDPA 1988, provided the photographs were taken in the course of employment and you have a written agreement stating this.

Written permission from the copyright owner: If you want to use a specific image, contact the photographer or copyright owner and ask for a licence. Get the permission in writing, specifying what you can use the image for, for how long, and on what platforms.

Key takeaways

Food photography infringement is one of the most common and preventable copyright problems for small restaurants. A single unlicensed image can trigger a demand letter for £200-£2,000. The court case Absolute Lofts v Artisan shows that UK courts will award damages for flagrant breaches, even when the business is small.

Use licensed stock, free-with-licence sources you have read the terms for, your own photos or written permission. Do not assume that attribution, good faith, or the image being easy to find makes it legal to use.