Why having GDPR consent doesn’t protect you from copyright infringement

We recently sent out a reminder to our clients to check their websites and social media pages for any images they may not have permission to use. One response we received summed up a common misunderstanding perfectly:

“I have a GDPR statement and my customers tick a box giving me permission to use their wedding photos online.”

That’s great for privacy compliance, but unfortunately, it doesn’t protect you from copyright infringement. Let’s unpack why.

GDPR and Copyright Are Two Very Different Laws

Both GDPR and copyright law are important for wedding suppliers, but they protect different things:

Law: GDPR

What it protects: personal data - any information that identifies a person.

Example in a wedding business: sharing photos of a couple on social media without their consent.

Law: Copyright

What it protects: creative work like photography, videos, music or text.

Example in a wedding business: using a photohrapher's image on your website or social media without permission

When a couple ticks a GDPR consent box on your booking form, it only gives you permission to use their likeness (their faces, names, etc.) in marketing.

It does not give you the right to use a photograph owned by someone else - even if that photo features your couple or your product (flowers, cars, dresses, etc.).

Who Actually Owns the Copyright to a Wedding Photo?

In most cases, the photographer owns the copyright to every image they take, even if:

• The couple paid for the shoot
• You appear in or supplied items shown in the photo
• The couple has given you permission to share it

Unless the photographer has explicitly licensed the image to you (in writing), reposting or using it on your own website or social media could lead to a copyright claim - and we’ve seen wedding suppliers receive invoices of over £1,000 for doing just that.

How can you keep your business safe?

Here are a few simple ways to protect your business

1. 1. Ask first, don’t assume. Always request permission from the image owner (usually the photographer) before using their work.
2. 2. Get it in writing. A quick email or message confirming you can use the image for marketing is enough.
3. 3. Credit correctly. Even if you tag or credit the photographer, you still need their permission.
4. 4. Use your own photos. Take behind-the-scenes shots or hire a photographer directly with an agreed contract to provide copyright for the images.
5. 5. Check your insurance cover. Professional Indemnity insurance with copyright infringement cover (like ours) can help if a claim does arise.

The Bottom Line

Having a GDPR policy and customer consent form is excellent practice - it means you’re respecting people’s privacy.

But GDPR consent doesn’t equal copyright permission. You need both to safely share wedding photos online.

Still unsure?

Have a look at our Safe Image Use Guide for more information on copyright infringement or get in touch with our team if you’d like to review your cover and get a quote for Professional Indemnity which covers copyright infringement claims.