Instagram
is liable for posts
from abroad.
is liable for posts
from abroad.
from
Can an Arabic-only Instagram account infringe German law? What can photographers and other rights holders do if their works are shared without permission? When does Instagram lose its protection from liability and have to take responsibility itself?
What happened?
A Berlin-based architectural photographer has discovered that one of his pictures has been published on Instagram – without his permission and without attribution. The account only showed construction projects in Saudi Arabia, had more than 400,000 followers and was written entirely in Arabic. It featured a section of his original photo showing the King Abdulaziz City for Science and Technology (KACST) tower in Riyadh.
He had taken the photo on behalf of the Berlin architectural firm that had planned the tower. He received a five-figure fee for the photo. The picture, taken at 5 o’clock in the morning, shows the building at dusk with a carefully chosen lighting mood.
The photographer wrote to Instagram and demanded the deletion. The letter was delivered. However, Instagram did not respond and the image remained online. The photographer then applied for an interim injunction against Instagram at Frankfurt Regional Court.
How did the court rule?
The Regional Court of Frankfurt am Main Judgment of 06.05.2026 – Ref. 2-06 O 444/2 5 decided in favor of the photographer.
German law applicable
Instagram is available worldwide and copyright only applies in the country for which it is claimed. If an account writes in Arabic and is aimed at an Arabic audience, this does not automatically mean that German law is disregarded.
The decisive factor is whether the publication has a noticeable economic impact in Germany. The court affirmed this in the present case. The photographer lives in Germany, his clients are based in Germany and his reputation as a photographer depends directly on his images being correctly attributed to him. Anyone who distributes his image without attribution is therefore also harming him as a businessman in Germany, as potential clients will not know who has done the work.
Instagram also offers an automatic translation function, including into German. The post was easily readable for every German-speaking user. And the international architecture scene is closely networked – projects such as the KACST Tower are recognized worldwide, including in German specialist circles.
The interference with the photographer’s laws is already likely to have an effect in Germany because it affects the business relationship with his client and the lack of copyright attribution may also affect his order situation in Germany.
What do you have to report to Instagram for something to happen?
The European regulations for large online platforms, the Digital Services Act, stipulate what a notification of illegal content must look like. It is sufficient to explain why the content is illegal, state the exact address of the post and provide your own contact details.
Instagram had argued that the photographer’s notification was incomplete as he had not submitted any evidence of his authorship. The court did not accept this. Anyone who submits a notification does not have to prove their laws, but merely declare them. If the platform wants to know more, it has to ask. Instagram did not do this.
The court also clarified that it is not necessary to use the platform’s official form to report an infringement. A simple letter by post or email is sufficient as long as it contains the essential information.
When is Instagram itself liable?
Online platforms are generally not responsible for what their users upload. This is the core of the so-called liability privilege for platform operators. However, this protection only applies as long as the platform is unaware of an infringement – or as soon as it learns of it and acts quickly.
Upon receiving the report, Instagram knew that a copyrighted photo may have been published without permission. From this point on, Instagram would have been obliged to check the post and, if necessary, delete it or contact the account holder. None of this happened. Instagram therefore lost its protection and was directly liable.
The court also saw a risk of repetition. Deleting the image in the course of the proceedings was not sufficient. Without a binding declaration to refrain from publishing the image again in future, there is still a risk that the incident will be repeated.
Conclusion
The ruling opens up effective domestic proceedings for authors against infringements abroad, provided that the economic effects of an infringement are felt in Germany. This is very relevant for photographers, architects and other creative professionals with a German customer base and improves legal enforcement. Even a purely foreign-language account abroad can be held accountable before German courts.
At the same time, the decision clarifies how low the hurdle for an effective notification is and how high the consequences are for platforms that do not respond.
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