Use of photographs

All photographs created by Tobias Jørgensen (“ByTobiasJørgensen”) are protected works under the Danish Copyright Act (ophavsretsloven) and applicable EU copyright legislation.

The copyright, including moral rights, remains with ByTobiasJørgensen at all times. It is not transferred by delivery, publication, download or payment unless expressly agreed in writing.

Photographs published at ByTJ.dk or via social media may not be reproduced, distributed, published, adapted or otherwise made available to the public without prior written permission from ByTobiasJørgensen or the agency Gonzales Photo.

This applies to any use by clubs, players, agents, sponsors, media outlets and any other party, on official or personal platforms. It includes social media accounts, websites, apps, newsletters, printed material, merchandise, matchday material, advertising and commercial material of any kind.

Where a written licence agreement is already in place, use is permitted within the scope, period, media and territory set out in that agreement, and no further.

Permission is required regardless of:

• whether the photograph carries a watermark, or the watermark has been removed, cropped or obscured;
• whether the photograph has been reposted, shared, screenshotted or downloaded from any source, including a platform where it was lawfully published;
• whether the photograph was received from a third party rather than directly from ByTobiasJørgensen or Gonzales Photo;
• whether the use is paid or unpaid, commercial or non-commercial.

Removing or altering a watermark, credit line or embedded rights-management information is a separate infringement under section 75 c of the Danish Copyright Act.

Receiving, being tagged in, or downloading a photograph does not transfer copyright and does not grant any licence to use, edit, sub-license, sell or resell it, or to give permission to others. This applies equally to files sent for approval, preview or selection.

Licensed photographs may not be altered beyond basic cropping for format, and the crop must not remove the credit or change the meaning of the image. Filters, colour changes, added graphics, compositing and generative edits require separate approval.

Photographs may not be used to train, fine-tune or otherwise develop machine learning or generative AI systems, and may not be used as reference or input material for generated images, unless expressly agreed in writing.

Agreed use must be credited as “Foto: Tobias Jørgensen / Gonzales Photo”, or as otherwise agreed, in accordance with the right of attribution under section 3 of the Danish Copyright Act. The credit must be visible with the image itself, not only in a general list of contributors.

Crediting does not replace the requirement for prior permission. A credited photo used without permission is still unauthorised use.

Sharing my own post with the platform’s built-in share, repost or story function, with the original post visible and attributed, is fine and always welcome.

Saving, screenshotting or re-uploading the image as your own post is a new publication and needs permission, even if you tag me. The same applies to profile pictures, cover images, banners and pinned posts.

Media outlets should obtain photographs through Gonzales Photo, which handles editorial licensing. Any statutory exception for reporting current events is narrow and does not cover archive use, previews, social media posts, or illustration of unrelated stories.

Unless stated otherwise, a licence is non-exclusive, non-transferable and limited to the purpose, media, period and territory agreed. It does not extend to parent companies, sponsors, partners, agents or other third parties, and it does not cover later reuse for a different purpose. Reuse in a new season, campaign or platform needs a new agreement.

Write to me or to Gonzales Photo with:

1. the photograph or photographs, with a link, file name or screenshot;
2. where it will be used, and in what format;
3. for how long, and whether the use is commercial;
4. who the user is, if you are asking on behalf of someone else.

Most requests are answered quickly, and there is usually an arrangement that works.

Unauthorised use may result in an invoice at my applicable rates for unauthorised use, a claim for reasonable remuneration and damages, a demand for immediate removal of the material, and further legal action under Danish and EU copyright law. All rights and remedies are reserved.

If you have used a photograph without permission, get in touch. It is far simpler to settle it directly than to have it handled as an infringement claim.

Enquiries about licensing, commissions and archive access are welcome, and a suitable arrangement can normally be agreed, including standing agreements for clubs and players who need photographs regularly. The archive is at arkiv.gonzalesphoto.dk.

Contact

ByTobiasJørgensen

Permissions, commissions and archive access

Agency

Gonzales Photo

Agency, editorial and media licensing