When another business lifts your product photo and uses it without permission in the Philippines, you’re not just dealing with bad manners – you’re dealing with potential violations of copyright, unfair competition, and related laws. This article walks through the legal framework, options, and practical steps from a Philippine law perspective.

1. What exactly is the legal problem?

When another business uses your product photo without permission, several legal issues may arise:

Copyright infringement – unauthorized use of a photo, which is a “photographic work” protected under the Intellectual Property Code (Republic Act No. 8293, as amended).
Unfair competition / passing off – if the photo is used in a way that misleads consumers into thinking their products are yours, or that there’s an association/endorsement.
False or misleading advertising – using your product photo for a different product or to deceive consumers.
Breach of contract – where there was a prior agreement on use that has been exceeded.

Your remedies depend on (1) who owns the rights in the photo, (2) how the other business is using it, and (3) what outcome you want (takedown, apology, damages, etc.).

2. Legal nature of product photos under Philippine law

2.1. Product photos as copyrighted works

Under the IP Code, photographs and other visual works are protected by copyright as “artistic works,” from the moment of creation, without need for registration.

Key points:

Protection arises automatically once the photo is created and fixed in a medium (e.g., saved on a camera or phone).
Copyright gives the owner economic rights, like:
- Reproducing the photo (copying, printing, reposting).
- Adapting or transforming it (editing, cropping, heavy filters).
- Publishing and distributing it.
- Displaying it publicly (websites, social media, in-store displays, ads).
It also grants moral rights (even if you sell or license economic rights):
- To be identified as the author.
- To object to any distortion, mutilation, or modification that harms your reputation.
- To prevent others from falsely claiming authorship.

2.2. Who owns the copyright in the photo?

Ownership can be tricky. It matters because only the copyright owner (or someone with rights assigned/licensed to them) can sue.

Common scenarios:

a. You personally took the product photo

Default rule: You are the copyright owner.
If you’re a sole proprietor or small business owner and you personally shot the photo, it’s usually straightforward.

b. Your employee took the photo

Under the IP Code, if a work is created in the course of an employee’s regularly assigned duties, the copyright will typically belong to the employer, unless there is a different written agreement.
If photography is clearly part of the employee’s job description (e.g., marketing staff / in-house photographer), the business usually owns the copyright.

c. You hired a freelance photographer or agency

Here many businesses get it wrong.

In commissioned works, the photographer (creator) usually remains the copyright owner, unless there is a written assignment or license transferring rights.
By default, the client (you) generally gets:
- Ownership of the physical or digital copy delivered; and
- The right to use the work for the purpose for which it was commissioned.
If your agreement is vague or only verbal, you may have:
- A limited implied license (e.g., for your website/catalog), but
- Not the full right to authorize others or sue infringers, unless the photographer authorizes you.

In practice, businesses should insist on written contracts clearly assigning copyright or granting broad licenses.

3. When is use by another business considered infringement?

3.1. Elements of copyright infringement

Another business may infringe your copyright if:

You own a valid copyright in the photo; and
They copied or used a substantial part of your photo without permission.

“Substantial” doesn’t always mean large. Even partial use can infringe if it captures the original, creative elements of the photo (composition, lighting, angle, styling, etc.).

Typical infringing acts:

Downloading your product photo from your website or social media and using it in:
- Their online store
- Facebook, Instagram, TikTok, Shopee, Lazada, etc.
- Printed flyers, catalogs, billboards, or in-store posters
Cropping or slightly editing your photo and reusing it for their product.
Putting their own logo/watermark on your photo.

3.2. What if they say they found it on Google?

“Found it on Google” is not a defense.

Search results are not a license.
Unless the photo is explicitly under a license (e.g., Creative Commons, stock license) and they comply with its terms, it remains protected.

3.3. What if they bought it from someone else?

If they bought it from a third party who did not have the right to sell or license the photo, they may still be liable. However, this may also give them a basis to seek indemnity from that third party.

4. Are there any defenses or exceptions (fair use, etc.)?

Philippine law recognizes certain limitations and fair use exceptions. But most commercial uses by another business will not qualify.

4.1. Fair use

Fair use depends on factors like:

Purpose and character of the use
- Commercial vs. educational, critical, or journalistic.
Nature of the copyrighted work
- Creative works are more strongly protected.
Amount and substantiality used
- Using the whole photo usually weighs against fair use.
Effect on the potential market
- If their use competes with your own or diminishes licensing value, that weighs against fair use.

Using your product photo in their advertising or product listings is almost certainly commercial and aimed at profit. That heavily weighs against fair use.

4.2. Other lawful uses

Other exceptions include use for:

Private research or study
Criticism, comment, or news reporting (with proper attribution)
Teaching and scholarship

Again, these are very different from a competitor using your photo to sell their own products.

5. Overlap with unfair competition and passing off

If the other business uses your product photo in a way that confuses consumers, you may have claims beyond copyright.

Examples:

They use your photo to imply that they’re selling your exact product, when they’re actually selling a cheaper imitation.
They use your branding, product styling, and photos in a way that could make customers think the businesses are connected.

Potential legal bases:

Unfair competition under the IP Code and/or Revised Penal Code.
Civil Code provisions on abuse of rights and fault (Articles 19, 20, 21).
Consumer protection provisions (through DTI) if the conduct amounts to false or deceptive advertising.

These can give you additional civil and sometimes criminal remedies, especially if there’s clear intent to deceive.

6. Step-by-step: What to do when you discover unauthorized use

6.1. Preserve and gather evidence

Act quickly to document everything:

Take dated screenshots of:
- The infringing posts or webpages.
- Their online store listings.
- Any ads or promotions.
Save URLs and archive pages if possible.
If it’s a physical poster or tarp, take clear photos showing:
- The photo itself.
- The location and date (e.g., include a newspaper, phone screen with date, or other reference).
Keep proof of your ownership:
- Original files with metadata (EXIF data showing date, camera, etc.).
- Raw files or earlier versions.
- Email exchanges with a photographer or agency.
- Contracts or receipts for commissioned work.

You can strengthen your evidence by:

Having a notary public notarize a screenshot printout or affidavit describing what you saw online.
Executing an Affidavit of Ownership describing how and when you created or acquired rights to the photo.

6.2. Internal assessment

Before taking action, clarify:

Do you clearly own the copyright (especially if there’s a freelancer or agency involved)?
How exactly are they using the photo?
Are they a direct competitor?
Are you interested in a business resolution (paid license) or do you want to enforce strictly?

This will guide your strategy.

7. Non-litigation remedies

7.1. Cease-and-desist / demand letter

The usual first step is a formal demand letter, often from a lawyer, which should:

Identify the copyrighted photo and your basis for ownership.
Describe the infringing acts (where, how long, how used).
Demand:
- Immediate cessation of use and removal of the photo from all platforms.
- Destruction or surrender of infringing materials (posters, flyers, etc.) where reasonably possible.
- Accounting and payment of damages or licensing fees, if you want compensation.
- Written undertaking not to repeat the act.
Set a deadline for compliance and warn of legal action.

Demand letters often lead to:

Voluntary removal.
Negotiated settlement.
Licensing deal (e.g., retroactive license fee).

7.2. Platform-level takedown requests (online use)

If the infringement is online, you may also use the mechanisms of platforms:

Social media sites and marketplaces (Facebook, Instagram, Shopee, Lazada, etc.) usually have IP complaint forms.
You typically need:
- Proof or declaration of ownership.
- URL screenshots of the infringing content.
- Your ID and contact details.
They may remove or disable the content if they find your complaint valid.

While these are private platform mechanisms, they can quickly stop ongoing damage, often faster than court processes.

7.3. Negotiated license or settlement

In some cases, it may be more practical to:

Offer a paid license instead of litigating.
Agree on a retroactive license fee plus commitment to proper attribution or limited future use.

This can be especially attractive if:

The other business is not a direct competitor.
The infringement appears more like ignorance than intentional theft.
You prefer to turn a dispute into a commercial relationship.

8. Formal legal remedies under Philippine law

If negotiation fails or the infringement is serious, you have formal legal options.

8.1. Civil actions (lawsuit for copyright infringement)

You can file a civil case for infringement in the appropriate Regional Trial Court (usually special commercial courts), generally where:

You reside,
The defendant resides, or
The infringing acts took place.

Possible civil remedies include:

Injunctions (cease-and-desist orders)
- To stop further use of the photo.
- To require the removal of infringing content or materials.
Impounding and destruction
- Seizure of infringing goods, packaging, posters, or materials.
- Destruction or other disposal of infringing copies.
Damages
- Actual damages – lost profits, reduced sales, or reasonable royalties you could have earned.
- Moral damages – if the infringement caused humiliation, damage to reputation, or similar harm (especially if the photo was modified in a derogatory way).
- Exemplary (punitive) damages – to serve as an example if the infringement was blatantly bad-faith.
- Attorney’s fees and costs – in the court’s discretion.
Statutory damages (if you choose this instead of proving actual damages)
- Philippine law allows statutory damages within a range set by the IP Code, per work infringed, subject to judicial discretion.
- This is useful when it’s hard to compute actual loss but infringement is clear.

Civil actions can also be combined with unfair competition or Civil Code claims where applicable.

8.2. Administrative actions before IPOPHL

The Intellectual Property Office of the Philippines (IPOPHL) has mechanisms through its:

Bureau of Legal Affairs (BLA) – handles administrative complaints for IP violations.
IP Rights Enforcement Office (IEO) – coordinates raids and enforcement actions with law enforcement.

Administrative cases are often faster than full-blown court litigation and can result in:

Orders to cease and desist.
Damages and fines (in certain cases).
Confiscation of infringing materials.

This route is often strategic if:

The infringer is actively using your photo in large-scale marketing.
You want relatively faster relief.
The case involves broader patterns of IP violation.

8.3. Criminal actions (copyright infringement as a crime)

It can involve fines and imprisonment.
Criminal complaints are usually filed with:
- The Department of Justice (DOJ) or city prosecutor’s office, and
- Investigating bodies like the NBI or PNP units handling IP.

Criminal cases are more appropriate where:

The infringement is willful and large-scale.
There’s clear intent to profit by misappropriating others’ IP.
You want a strong deterrent message.

In practice, many disputes are resolved at the civil or administrative level, with criminal complaints used in more egregious situations.

9. Special considerations for online and cross-border use

9.1. Infringer located abroad

If a foreign business uses your product photo online:

You still have rights, but enforcement becomes more complex.
You may need:
- To use platform takedown procedures.
- To consult counsel in the foreign country if serious damages are involved.
If they target Philippine customers (e.g., selling into the Philippine market), you may still argue jurisdiction in Philippine forums, but enforcement of judgments abroad is another step.

9.2. E-Commerce and intermediary liability

Website hosts or platforms that merely host user content may have limited liability if they:

Are not directly involved in selecting the content; and
Act promptly upon notice of infringement.

This is why properly filled-out takedown notices are important – they trigger the platform’s obligation to act and may get your photo removed quickly.

10. Maximizing your legal position: preventive strategies

Often, your best “remedy” starts before any infringement happens.

10.1. Contracting properly with photographers and creatives

Always use written contracts.
Make sure your agreements clearly state:
- Who owns the copyright (ideally your business).
- Whether there is an assignment of rights (transfer of ownership) or a broad license.
- The allowed uses (online, print, advertising, international, etc.).
- Whether the photographer can also license the photo to others (you usually want exclusivity for product shots).
Attach sample photos or a description of the work to avoid confusion.

10.2. Registration of copyrights (optional but helpful)

Although copyright protection is automatic, you may strengthen your legal standing by:

Depositing copies with the National Library or appropriate agencies.
Registering with IPOPHL’s available systems.

Registration is not required to sue, but it:

Creates documentary evidence of your claim.
Helps with proving ownership and dates.

10.3. Use of watermarks and branding

Adding subtle but visible watermarks or branding:
- Discourages casual theft.
- Helps prove the photo is yours.
Keep original high-resolution, unwatermarked versions safely stored.

10.4. Internal policies for your business

Train your staff (especially social media/marketing teams) to:
- Only use photos you own or have licensed.
- Keep records of licenses, contracts, and attributions.
This avoids you accidentally infringing others – and makes your own enforcement more credible.

11. How cases often play out in practice

In real-world Philippine practice:

Discovery – You or a customer spots your photo being used by another business.
Documentation – You gather evidence and verify rights ownership.
Demand letter – Sent by you or through counsel.
Negotiation – Many cases end with takedown + settlement or licensing agreement.
Escalation – If talks fail:
- Platform-level takedown requests.
- Administrative complaint with IPOPHL.
- Civil case for injunction and damages.
- Criminal complaint in more serious or repeat cases.

Which path you choose depends on:

The scale of infringement.
The damage to your brand.
Your budget and appetite for litigation.
Whether you want to use the situation as a warning to others.

12. Practical checklist for a Philippine business owner

If you discover another business using your product photo without permission, you can use this brief checklist:

Confirm your rights
- Did you or your employee take the photo, or do you have a written assignment/license?
Document the infringement
- Screenshots, URLs, dates, physical photos of printed materials.
Evaluate your goals
- Do you want removal only, or also compensation?
Send a demand letter
- Ask for takedown, non-repetition, and payment (if desired), with a clear deadline.
Use platform takedown
- File IP complaints with any social media or e-commerce platforms involved.
Consider formal legal action
- Civil case (injunction + damages).
- Administrative complaint at IPOPHL.
- Criminal complaint in serious cases.
Consult IP counsel
- To choose the best forum (court vs IPOPHL vs platforms) and strategy.
Strengthen future protections
- Better photo contracts, possible registration, consistent watermarking.

13. Final thoughts

In the Philippines, your product photos are not just marketing assets – they are legal assets protected by copyright and related laws. When another business uses them without permission, you’re not powerless. You have a range of remedies, from simple demand letters and online takedowns to full civil, administrative, and even criminal actions.

The key is to:

Own your rights clearly (through proper contracts and documentation).
Act quickly and systematically when you discover unauthorized use.
Choose remedies strategically, balancing cost, time, and the message you want to send to the market.

If you want, I can also help you draft a sample cease-and-desist letter tailored to a specific situation (e.g., competitor using your Shopee listing photo on Facebook).