What to do if you receive a copyright demand letter
September 2, 2025
Publications
Receiving a letter or email claiming that you owe thousands of dollars for using an image on your website, blog, or social media page can be alarming. These letters, often called copyright demand letters or copyright infringement letters, are increasingly targeted by copyright enforcement companies, such as Higbee & Associates, PicRights, or CopyCat Legal. These groups scour the internet for images and send out demand letters on behalf of copyright owners, sometimes being referred to as copyright trolls.
The good news: some of these letters can be ignored with low risk, and most demands can be negotiated to a fraction of the original demand. Here’s what you need to know.
Why you may have received a letter?
Usually, a demand letter is sent because an image on your website, blog, or social media was used without proper licensing, often sourced from Google searches or third-party providers who did not have the rights to license the image.
A copyright demand letter is not a lawsuit. It is a claim that you have allegedly used a copyrighted image without proper authorization. The letter usually includes:
- A screenshot of the alleged infringement.
- A demand for payment, often several thousand dollars.
- A deadline for response.
Even if the use was an honest mistake, copyright law does not require intent to establish liability.
In some cases, copyright trolls may even challenge images that were properly licensed. Keeping detailed records of your licenses, invoices, and downloads can help you diffuse a false claim simply by showing proof and prevent false claims from escalating.
Steps to take right away
Not every letter deserves the same treatment. Here are some general rules to consider:
- Cease use of the content immediately: If a license does not exist, take immediate steps to remove the content from your website or social media.
- Consult an attorney: Even letters that appear routine may come from organizations that pursue litigation. Legal guidance can help determine the risk and the appropriate next steps. Some firms represent trolls who file lawsuits. An attorney can advise if the troll is litigious. You risk becoming the next defendant if demands from active copyright trolls are ignored.
- Evaluate the risk of ignoring certain letters: Some letters are sent on behalf of organizations with no history of bringing copyright infringement claims; ignoring letters sent on behalf of those owners may ultimately result in the troll losing interest.
- Check with your insurance provider: While many copyright claims fall below insurance thresholds, it may still be worth confirming coverage before paying legal fees or settling out of pocket.
Because every case is different, the safest course of action is to have a lawyer review the letter before you do anything.
Myth vs. fact: Common misconceptions
Even well-intentioned businesses can misunderstand the nuances of copyright law. Here are some myths and the reality behind them:
- Myth: If I take the photo down, the problem goes away.
Fact: Removing the photo helps prevent future claims, but it doesn’t eliminate liability for past use. - Myth: All images online are free to use if they don’t have a watermark.
Fact: Most online images are protected by copyright, regardless of watermarks or copyright notices. - Myth: If I credit the photographer, I’m allowed to use the photo.
Fact: Giving credit does not replace the need for a license. - Myth: If I paid for the website or marketing company that provided the photo, I’m automatically protected.
Fact: Many businesses are surprised to learn their vendors may not have secured proper rights. This is why maintaining your own license records matters. Also, you should ensure that you are indemnified by any third party that is supplying you with content.
If you decide to settle
If settlement is the right path, don’t pay the full amount they ask for. These letters often start with inflated numbers. An attorney can usually make an argument for lower damages, negotiate a lower amount, and make sure you get a written release of claims, so the matter is truly resolved.
Prevent future letters
A little prevention goes a long way. Here are a few practical steps:
- Use only licensed stock images: Use photos from trusted sources like Shutterstock, Adobe Stock, or Getty Images. Understand the licensing terms and permitted uses, including commercial use and digital applications. For example, does it permit commercial use or use in a mobile app vs on a website? Many content providers have various licensing tiers.
- Maintain records: Save invoices, screenshots, and downloads to demonstrate your right to use the content. These records can be your best defense if a troll makes a false claim.
- Avoid unlicensed sources: Most images found through Google or social media are not free to use.
- Train your team: Anyone handling marketing, web content, or social media should be aware of the rules governing the use of third-party content and copyright. Conduct updated training as your personnel changes.
- Audit your content: Periodically review your website to ensure all images are properly licensed.
Bottom line
Copyright demand letters can feel intimidating, but there are practical steps to protect your business. Key takeaways from the McNees Intellectual Property Group:
- Consult an attorney before responding or paying.
- Do not overpay; demands are often inflated.
- Do not ignore letters without a plan.
Copyright letters can create unnecessary stress and risk for your business. Our IP attorneys at McNees can review any demand letter, help you understand your options, and protect your business and brand. Contact us today to discuss your situation.
Disclaimer: This guide is for informational purposes only and is not legal advice. Consult an attorney for guidance specific to your situation.
