General orientation, not legal advice. The short answer: usually yes, when the image isn't yours — and often as a distinct violation on top of infringement.
Why It's a Separate Offence
A watermark, credit line or embedded copyright notice is copyright management information (CMI). Many legal systems protect CMI specifically:
- In the US, the DMCA prohibits intentionally removing or altering CMI, or distributing works knowing CMI has been removed, with the intent to enable or conceal infringement. Statutory damages apply — separately from damages for the underlying infringement.
- The EU and many other jurisdictions have equivalent provisions implementing international treaty obligations on rights-management information.
The practical consequence: removing a watermark and using the image can expose you to two claims, not one. This surprises people who assume the only risk is ordinary infringement.
The Common Misconceptions
- "I'll credit the photographer instead." Attribution is not a licence. It doesn't authorize use, and removing the watermark remains a problem.
- "It's only a small watermark." Size is irrelevant; the legal question is whether rights information was removed.
- "It was on a free wallpaper site." Those sites are full of unlicensed uploads. The watermark is often evidence of the real owner.
- "I'm not making money from it." Non-commercial use is still infringement in most cases, and CMI provisions don't require commercial gain.
- "An AI tool did it." Using a tool doesn't change responsibility for the result.
The Legitimate Cases
- Your own images. You can remove your own watermark from your own work freely.
- You have a licence to the clean version. Stock libraries watermark previews; when you license the image, you download an unwatermarked file. Removing the preview's watermark instead of licensing is precisely what the law targets.
- The rights holder gave permission — get it in writing.
- The watermark belongs to someone with no rights — for example, a site that watermarked an image it doesn't own, or a public-domain work watermarked by a scanner. This is genuinely contested territory; jurisdictions differ on watermarking public-domain reproductions, so tread carefully.
- Narrow research, commentary or restoration contexts may be defensible, but "fair use / fair dealing" is a fact-specific analysis, not a general permission.
What to Do Instead
When you need an image without a watermark:
- License it. Stock images are usually inexpensive relative to the cost of a claim, and rights-managed images come with clear terms.
- Use a free-licence source — CC0 and permissive libraries provide clean files legitimately.
- Contact the creator. Many independent photographers licence directly, often affordably, and appreciate being asked.
- Create it yourself. For product and business imagery, your own photo is legally bulletproof and usually more distinctive.
- Use AI generation, understanding its own limitations around copyright and disclosure.
If You Publish Watermarked Images
Watermarks are worth using, but they're a deterrent rather than protection. Combine them with practical measures: keep originals archived, register copyright where your jurisdiction offers it, embed IPTC/XMP credit and copyright metadata, consider Content Credentials, and search periodically for unauthorized copies. And place the watermark where cropping can't simply remove it — a corner mark takes ten seconds to defeat.