• An image demand letter typically claims that a website used a copyrighted image without permission.
• These letters generally include evidence of the image, a claim of ownership and a settlement demand.
• A demand letter is not the same as a lawsuit, though it may sometimes lead to further legal action.
• Settlement amounts may far exceed the original license price.
• Mistakes can happen. Automated enforcement tools may flag images that are in the public domain or created by the website owner. (More on this below.)

Note that this is general information and not a substitute for obtaining legal advice from a qualified attorney.

If you receive a copyright-infringement demand letter, you may want to consult a legal professional. You may also want to consider the following steps.

• Verify the image use: Confirm that the image actually appeared on your website and that the URL referenced in the letter belongs to you.
• Check whether you have a license: Scour your stock photo accounts, web designer communications or marketing records to see whether you have a legitimate license for the image.
• Review the ownership claim: Try to verify that the sender represents the photographer or copyright holder and has the authority to enforce the claim.
• Remove the image if necessary: If the image is still on your site and licensing is uncertain, quickly removing the image may help prevent additional exposure (though it won’t get you out of your current situation).
• Evaluate the settlement demand: Settlement amounts can be negotiable, but almost always exceed the original license price.
• Gather documentation: If the image is in the public domain, is legitimately licensed, or is your own photograph, proof in the form of documentation may help clarify the situation.
• Consider professional advice: In complex cases, having a copyright attorney or experienced advisor assess the claim may be the wisest course of action.

Here’s a breakdown of the components of a typical demand letter. Please note that we are not lawyers and this is not legal advice.

Many demand letters begin with a formal introduction, such as: “Our firm represents the copyright holder of the image referenced below.”

This statement establishes authority. The sender may be indicating that they represent a photographer or stock agency and are contacting you in a legal capacity.

It’s reasonable to confirm that the sender actually represents the copyright holder. Under US law, the legal or beneficial owner of an exclusive copyright right (including an exclusive licensee) has standing to bring an infringement lawsuit, and agents or attorneys may act on their behalf.

Usually, the core allegation comes next. The letter usually includes:

• The image itself.
• The URL where it appeared.
• A screenshot or archived capture.

This section is intended to show evidence of use.

Verify that the image actually appeared on your website. Sometimes the screenshot is accurate. Other times, the claim references a page that was removed years ago, or a URL that belongs to someone else entirely.

The letter will typically state that the image belongs to a photographer or stock agency. For example: “This image is the intellectual property of [photographer or agency], and its use requires a valid license.”

The claimant should be able to demonstrate actual copyright ownership or licensing rights. Under US law, copyright protection arises automatically when an original photograph is created.

Most demand letters include a section explaining copyright law and potential damages.

This is the section that usually catches the reader’s attention. The letter proposes a settlement payment to resolve the claim without litigation. For example: “To settle this matter without further action, we request payment of $850.” Many settlement figures exceed the original licensing price of the image. Some are astronomical. Some demand letters will cover multiple images and in such cases, the amount demanded goes even higher.

Demand letters often include a response deadline, such as: “Please respond within 14 days.”

Ignoring correspondence may increase the likelihood of follow-up communication and escalation.

Here’s something that surprises many website owners. Sometimes, demand letters are sent for images that the recipient created themselves or images that are legitimately in the public domain.

The result can be a strange scenario where:

• You originally took the photo,
• you published it,
• or the image you used was in the public domain.

And yet a stock agency’s system still flags your image.

It’s a bit like someone copying your house key, selling it in a hardware store and later accusing you of using it without a license.

In these cases, documentation showing the original source or creation date may help clarify the situation.

Modern copyright enforcement increasingly makes prodigious use of automated bots. Stock agencies and enforcement firms use reverse image search technology and web crawlers to identify matches between copyrighted images and images on websites.

Some monitoring services work on behalf of large image libraries such as Getty Images, Alamy and others, constantly supplying new images to the library. Because of this, claims often arise from:

Image licensing can be complex and legal demands can be scary. The best long-term defense against these letters or emails are:

• Keep records of image licenses or image sources.
• Use reputable image sources.
• Regularly audit the images on your website.

A little organization today can prevent a lot of stress tomorrow.

Disclaimer: This content is for general informational purposes only and is not legal advice or a substitute for advice from a licensed copyright attorney. It does not create an attorney-client relationship. The authors are not responsible for inadvertent errors or omissions. Laws may change over time and vary by jurisdiction, so consult a qualified attorney regarding your specific circumstances.