Receiving a letter from entities such as Picrights, Fuß & Jankord, Copytrack, Copyright Agent, or Visual Rights Group accusing you of copyright infringement can be unsettling. These organisations act on behalf of their clients – photographers or photo agencies – to send claims aimed at enforcing alleged copyright infringements. Such cases typically involve the use of photographs on a website or blog. The letter or cease-and-desist notice usually includes a settlement request, requiring financial compensation for the use of the picture. What should you do if you receive such a letter?

Stay Calm and Analyse the Copyright Claim

The first step is to carefully examine the copyright claim. Check:

• Whether the picture was actually used by you or your business.
• Whether the specified date and source are correct (for example, was the image only visible on your website via an ‘embedded link’?).
• Whether the photograph is sufficiently original to qualify for copyright protection.
• Who the ‘rightsholder’ is and whether the sender of the letter (Picrights, etc.) has the legal authority to act on behalf of the rightsholder.
• Whether the amount being claimed as a copyright compensation is justified or not.

Verify whether there is a Copyright Infringement

Not every use of a photograph constitutes copyright infringement. Consider:

• Whether your use of the picture was permitted under a copyright exception, such as the quotation right or the exception for news reporting (reporting on current events), etc.
• Whether you had a valid licence to use the image.
• Whether the picture may be copyright-free (e.g., old photographs, images under a ‘Creative Commons’ licence, etc.).

Do Not Take Hasty Actions

Do not immediately pay the requested amount or admit liability. Some settlement proposals are excessively high or unjustified. Removing the photograph from your website is often a good idea, but this may also be considered an admission of infringement. The cease-and-desist declarations issued by Picrights and Fuß & Jankord often go beyond what is reasonable. It is advisable to seek legal advice from your solicitor first.

Seek Legal Advice from your Copyright Lawyer

A solicitor specialising in copyright law can:

• Legally assess the claim.
• Negotiate a reasonable copyright compensation, if necessary.
• Draft a well-founded response letter that sets out your position in a legally correct manner.

Prevent Copyright Claims Concerning Pictures on Your Website

To avoid such unpleasant copyright claims in the future, we recommend taking the following steps:

• Use only photographs with a valid copyright licence or copyright-free images. Consider using your own pictures or hiring a photographer to obtain the necessary rights. AI-generated images can also be useful, but care must be taken to ensure they do not infringe existing images.
• Check your website for old images for which you do not have permission and remove them.
• Keep proof of purchased licences or the database where you found the ‘copyright-free’ images (note that such databases offer little to no guarantee that the images are truly copyright-free).
• Verify the source and terms of use of images before publishing them.
• Credit the photographer’s name where applicable.

Also read our article on a judgement by the Commercial Court of Ghent in which the court dismissed the complaint and even made accusations of ‘copyright troll’ activities….

Have you received a letter from Picrights, Copytrack, Copyright Agent, or the German law firm Fuß & Jankord (Fuss & Jankord) regarding an alleged copyright infringement of a picture on your website? Contact our firm for a legally sound response and guidance throughout the process. We regularly handle such claims and have successfully prevented escalation to legal proceedings for all our clients so far.

Bart Van Besien

Lawyer – solicitor – attorney at law

Belgium