Scenario: you invest in a full studio shoot — stylist, retouching — for a beautiful product photo set. A week later, the images appear pixel-for-pixel on a competitor’s website — no permission, no credit, your watermark carefully removed. This is not “a small internet matter”; it is copyright infringement with real remedies.
How product photos are protected
Photographic works are copyrightable under Art. 14 of the Intellectual Property Law — protection arises automatically upon creation, no registration needed. But “who owns it” decides whether you can sue:
- Employee shot on assignment: economic rights belong to the company (Art. 39, IP Law) — the company can go after the scraper.
- Hired photographer/studio: by default the copyright belongs to the photographer, unless the shooting contract assigns the economic rights to you. Many businesses pay for the shoot but forget this clause — legally, the party entitled to sue the scraper is then the studio, not you.
- Stock photos: usage follows the image library’s license; if a rival copies stock photos you licensed, the library (the rights holder) is the directly infringed party.
Response roadmap: from fast takedown to damages
Step 1 — Fix the evidence: screenshot the rival’s pages using the images (with timestamps, URLs); keep original files with metadata (shoot date, device). Notarize if the dispute value is large. Step 2 — Demand takedown: send the rival a written removal demand with a deadline; simultaneously file takedown requests with the platform (web host, e-commerce marketplace, social network) — major platforms all run copyright complaint mechanisms. Step 3 — Civil lawsuit: seek cessation orders, public apology, and damages (Arts. 202, 205, IP Law) — including the wasted shoot costs and affected profits. Step 4 — Administrative penalties: request administrative sanctioning of the copyright violation (Decree 131/2013/ND-CP) as parallel pressure.
When the case goes beyond mere copying
If the rival not only copies your photos but uses them to sell counterfeits or brand-imitating goods, the case touches trademark infringement (Art. 129, IP Law) and unfair competition (Art. 45, Competition Law 2018: misleading information, discrediting). Then the legal strategy widens: complaints to market-surveillance authorities, anti-counterfeit action. Do not treat the photo case as isolated if a whole brand-knockoff operation sits behind it.
Prevention: building a fence around your photo set
One, photographer/studio contracts must assign all economic rights — audit every old contract. Two, watermarks and metadata: place watermarks where bulk removal is hard, keep originals with full EXIF. Three, register copyright for flagship photo sets with the Copyright Office of Vietnam — low cost, high evidentiary value. Four, photo-use clauses in distributor contracts: they may use images only within the authorized scope, so photos do not “wander” to rivals through distribution channels.
Frequently asked questions
1. The rival used my photos for 2-3 days then removed them — can I still sue?
Yes. The infringement was complete upon posting; later removal only affects the damages amount and may mitigate, but does not erase liability.
2. I hired a studio but the contract has no rights assignment — who sues?
In principle, the studio (the author) owns the economic rights. You need the studio to authorize or assign the rights to you before suing — or sue the studio for breach if it will not cooperate. Lesson: fix your template contract now.
3. The rival is abroad — where do I sue?
If the website targets Vietnamese customers and causes harm in Vietnam, you may sue in Vietnamese courts. In practice, the faster route is usually platform takedowns (Google, Meta, marketplaces) — no borders.
4. How are damages calculated when actual loss is hard to prove?
Art. 205 of the IP Law lets the court set damages based on the nature and scale of infringement where actual loss cannot be precisely determined. Shoot costs and rights-enforcement legal fees can be included.
5. Can I retaliate by using the rival’s photos?
No. That is a fresh infringement by you, destroying your moral and legal high ground. Every action must go through legal channels.
This article has been quality-reviewed by the FLAW AI Legal Council