The Importance of Copyright Registration for Marketplace Images

The strategic value of images in digital commerce

In an increasingly digital and competitive business environment, imagery has become an essential asset. In the context of marketplaces—platforms that connect sellers and consumers—product images play a decisive role in sales conversion, brand reputation, and seller credibility. However, many entrepreneurs overlook the fact that these images are also intellectual property protected by copyright law, and their improper use can lead to serious legal and financial consequences.

Copyright registration for images, although not a mandatory requirement for legal protection in Brazil, is a strategic preventive measure that strengthens a company's legal position in disputes and adds value to its intangible assets. This article provides a clear and practical analysis of why and how image registration should be incorporated into the legal governance of digital businesses operating on marketplaces.

Legal aspects: the foundations of copyright in the digital environment

Image protection is governed by Law No. 9,610/1998 (the Copyright Law), which grants the author the exclusive right to reproduce, distribute, and use their work, including photographs, illustrations, and graphic creations. Therefore, any image used in marketplace listings—whether produced in-house or acquired from third parties—is subject to this legislation.

In the business context, it is common for marketing teams, advertising agencies, or freelancers to be hired to create visual content. In such cases, it is essential to pay close attention to copyright assignment agreements, since, without an express transfer clause, the rights remain with the creator, even if the company has paid for the production. This means that continued use of the images may be considered irregular in the absence of formal authorization.

Furthermore, the improper use of third-party images—a practice that unfortunately remains common on marketplaces—may constitute copyright infringement, exposing the company to indemnity lawsuits and the mandatory removal of listings, as provided under Article 102 of the Copyright Law and the Brazilian Internet Civil Rights Framework (Marco Civil da Internet, Law No. 12,965/2014).

Therefore, the legal management of images used on marketplaces should include both the preventive registration of authorship and the contractual regularization of use, ensuring security and predictability for digital commercial operations.

Copyright registration: a protective and strategic business measure

Although copyright arises automatically upon the creation of a work, registering it with the National Library (Copyright Office) or equivalent bodies provides qualified proof of authorship and creation date, which can be decisive in legal disputes.

In the marketplace context, this registration acts as a legal shield in cases of copying, unauthorized use by competitors, or disputes between business partners. In addition, registration adds economic value to the brand, as it formalizes the link between the visual content and the business, even allowing for licensing and monetization of the image.

Companies that systematically register their images build a portfolio of intellectual property, strengthening their position in negotiations with investors, partners, and franchisees. This is a modern corporate governance practice that demonstrates diligence and professionalism in protecting intangible assets.

Practical implications for sellers and marketplace platforms

From an operational standpoint, marketplaces require sellers to follow the rules on the use of original content. Platforms such as Amazon, Mercado Livre, and Shopee state in their terms of use that the seller is solely responsible for the rights to the images published. Therefore, if a seller publishes third-party photos without authorization, they may face penalties such as account suspension, product removal, or revenue holds.

For marketplace operators, even greater care is required. Platforms that fail to act diligently upon receiving infringement complaints may be held jointly liable, according to the consolidated understanding of Brazil's Superior Court of Justice (STJ). For this reason, marketplaces have been implementing internal digital compliance policies and automated takedown systems (removal of infringing content), in line with the Copyright Law and the General Data Protection Law (LGPD).

Business owners operating within these ecosystems should therefore adopt image due diligence routines, ensuring that all product photographs, banners, and promotional materials have verified origin, formal assignment of rights, and, whenever possible, copyright registration.

International scenario and relevance for digital exports

With the globalization of marketplaces and the growth of digital exports, copyright registration for images also takes on transnational importance. Brazil is a signatory to the Berne Convention (1886), which guarantees reciprocal copyright protection among member countries. As a result, registration carried out in Brazil holds evidentiary validity in more than 170 countries.

For companies operating on international platforms—such as Etsy, eBay, or AliExpress—maintaining a portfolio of registrations makes it easier to defend against infringement and reinforces brand credibility with foreign partners. This is a competitive advantage that goes beyond the legal aspect, positioning the company as the owner of original, protected content.

Preventive management and specialized legal counsel

Adopting preventive practices is the most efficient and cost-effective way to mitigate legal risks. Companies are encouraged to implement internal intellectual property policies that establish clear workflows for the creation, registration, storage, and use of images.

Specialized legal counsel plays a role not only in formalizing contracts and registrations but also in corporate education on copyright compliance, helping managers and marketing teams understand the strategic value of visual content.

Seeking preventive legal guidance helps avoid litigation, preserves brand reputation, and demonstrates a commitment to business ethics—factors increasingly valued by consumers and investors alike.

Images as a legal and economic asset

In the marketplace universe, images are not merely sales tools: they are valuable legal assets that form part of a company's intellectual capital. Copyright registration is, therefore, a strategic measure for protection and value creation, combining legal security, brand credibility, and competitive advantage.

Companies that treat their images with the same rigor as their products establish themselves in the digital market with security and professionalism. Given the complexity of applicable regulations and the dynamics of marketplaces, preventive legal counsel is the most effective tool for turning copyright protection into a sustainable business advantage.