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Image Copyright Infringement Claims in the UK

Has a firm contacted you, claiming you’re using an image without consent? Are they demanding you pay hundreds, even thousands of pounds to cover retrospective licensing fees?

What do I do?

This post aims to educate anyone posting images online and potentially save you time, stress, and money. If you run a website or publicly upload images, you’re at risk of receiving such claims.

If you operate a website and upload images:

Risk Exposure Checklist

  • Can you prove you purchased the image in question?
  • Do you have a record of the purchase date and the license’s validity?
  • Have you confirmed the usage rights and ensured they are still valid?
  • Are you using the image for its intended purpose under the license?
  • If the image is on your website, are you covered for its use on that platform?

Noticeable Increase in Claims

As the owner of W.E.B.S Ltd since 1998, I’ve seen trends in the web industry come and go. Recently, I’ve noticed a disturbing increase in copyright claims targeting images purchased over a decade ago. Unless you’ve stored your proof of purchase and licensing rights, you could be at risk.

You may not even read this until it’s too late, but the fact is, there is a high chance you get fined and more worryingly, even if you bought the images properly!

Years ago, there was a widely respected stock image platform called Fotolia.com, where users could buy images as needed—no monthly plans required. It was simple, flexible, and well-regarded among professionals.

In 2014, Fotolia was acquired by Adobe. While Adobe provides excellent tools and services, the transition wasn’t smooth for everyone and the provide migration process from Fotolia to Adobe closed years ago.

10 Years Later… Demands for Payment Are Emerging

Here’s the problem:

Many users didn’t migrate their Fotolia accounts to Adobe. This means old licensing records are often inaccessible, leaving some website owners unable to prove they purchased the images. Without this proof, firms representing image contributors are demanding payments for “unauthorised use.”

7 Steps to Protect Yourself

The fact is, you as the image owner / website operator are required to keep evidence. Those who relied on being able to login to a website to prove a past purchase, are out of luck.

The correct procedure is:

  1. Buy a image licence from a reliable provider
  2. Retain a Physical Copy of the Licence
  3. Retain a Digital Copy of the Licence
  4. Review how you are allowed to use the image
  5. Check any restrictions e.g use on 1 website, Social Channel etc and adhere to the restrictions
  6. Note any validity dates
  7. Revise this over time to ensure the licence is still valid! Things can change!!

Ultimately, if you can’t prove you hold a valid license for an image on your website, you could face demands for retrospective payment. In some cases, these payments can reach hundreds—or even thousands—of pounds per image.

Potential for Multiple Claims

To put it into perspective, a website with a single image is at risk of a claim. The claim will likely be  approximately £300 to settle a retrospective claim. It could be much more!

Now, imagine you have 100’s of images on your site, or thousands. This exposes you to significant risk from multiple claimants.

Firms are pro-actively scanning the web looking for images on websites and approaching for payment.

Responding to a Claim

I fully support protecting artists and contributors’ rights, but I’ve seen too many cases where businesses are bullied into paying exorbitant fees for images they legitimately purchased.

Here’s what happens when you receive a claim:

  1. You’re given a short time (often 10 days) to respond.
  2. You must provide proof of purchase, including invoices and licensing terms.
  3. You may need to show evidence that you’re entitled to use the image on your website.
  4. Failure to act promptly could result in legal action or additional fees.

Verify a Claim is Legit

First and foremost: Do NOT ignore the claim. Here’s a step-by-step approach:

  1. Verify the sender:
    Ensure the claim is genuine and not a scam. Scams in this area are increasing.
  2. Check the image:
    Confirm whether the image in question is actually on your website.
  3. Gather proof:
    Locate the purchase receipt, licensing agreement, or any documentation you have.
  4. Contact the licensing platform:
    If the image was purchased through a site like Fotolia or Adobe, reach out to their support team for assistance.

Proactive Steps to Avoid Future Claims

Whether you’ve received a claim or not, it’s crucial to audit your website’s images now. Take the following steps:

  1. Keep printed and digital copies of all licenses for the images you use.
  2. Review your website for any images sourced from older platforms like Fotolia, and ensure you migrated accounts to Adobe if applicable.
  3. Remove or replace any images for which you can’t confirm licensing.

Think Ahead: Save Yourself Anxiety and Fines

Failing to address these issues proactively can result in costly fines, legal stress, and damage to your reputation. Don’t wait until you receive a letter—take action now to protect your business.

Final Thoughts

Copyright claims are a serious issue, and with the rise of automated image scanning, no website is immune. By taking steps today to secure your licenses and audit your content, you can save yourself significant hassle down the road.

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