Avoiding Costly Copyright Claims: What You Need to Know About Image Use on Your Website

Imagine that one day you get a letter or email from a company like CopyTrack, that they’ve discovered unauthorized image use on your website and they are demanding that you not only remove the image, but that you pay them for prior usage as well!

Usually those bills aren’t cheap and while I’ve only seen this happen to my clients a couple of times over the past 20 years, just like website accessibility lawsuits, it’s starting to happen more frequently now.

Why This Happens (and Why It’s Increasing)

Copyright enforcement companies like CopyTrack, Pixsy, and others use automated tools to scan the internet for unauthorized uses of images from their clients, typically photographers, stock libraries, and brands. These scans are constant and extremely thorough.

If the system finds an image match on your website, the company sends a formal demand letter outlining the copyright violation and a settlement amount, which can range from a few hundred dollars to several thousand. Even if the image was used innocently or unknowingly, copyright law doesn’t allow a “I didn’t know” defense—so the website owner is still responsible.

As AI-generated content, social media, and fast-paced content creation make it easier to copy and paste images without thinking, infringement cases have grown. Small businesses in particular can get caught off guard because they assume that if something is “on Google,” it’s free to use. Unfortunately, that’s not how copyright works.

avoiding copyright claims

How Unauthorized Images End Up on Websites

Some of the most common ways are:

  • Using random images found on Google search
  • Placeholder images left on a website after a DIY build or template purchase
  • Images provided by a client, vendor, or friend who didn’t have the rights to share them
  • Old blog posts where the source of an image has been forgotten
  • Hiring a past designer or VA who used unlicensed images
  • Screenshots of social media posts, product images, or artwork
  • Using AI-generated images without understanding that some platforms restrict commercial usage (and don’t forget that these AI images are pieces of images created by other artists that you are essentially stealing!)

Sometimes, you may not even realize the image is copyrighted. But that doesn’t matter. Copyright is automatic at the moment of creation — no watermark or copyright notice required! The safe bet is to assume that if you didn’t create it or buy it, it’s not yours to use.

What Happens When You Receive an Infringement Notice

A typical claim letter will:

  • Identify the photo and where it is used on your site
  • Provide proof of ownership by the photographer or agency (if they don’t, be sure to ask them to provide proof)
  • State the licensing fee you failed to pay
  • Demand immediate removal of the image
  • Demand payment, sometimes inflated well beyond typical stock photo rates

If ignored, these cases can escalate to legal action, and the settlement amount often increases the longer it goes unpaid. That’s why it’s important to take these notices seriously, even if you believe there’s been a misunderstanding.

How to Protect Yourself From Copyright Infringement Claims

The good news: with a few simple habits, you can significantly reduce your risk.

  1. Only use images you have explicit rights to.

This includes:

  • Hire a brand photographer that will provide you with a commercial-use license
  • Stock images you’ve personally purchased
  • Photos you took yourself
  • Graphics created for you by a designer with proper licensing
  • Stock photos from reputable free libraries (more on these below)

Always download from the source; never use images pulled from Google.

  1. Keep licensing documentation organized

Create a folder labeled “Image Licenses” and store:

  • Receipts from stock sites
  • Licensing PDFs
  • Emails from photographers granting usage
  • Screenshots of free stock licenses
  • A running list of what images are used where

If you ever face a claim, you’ll be glad you took the time to do this!

  1. Use trusted, legally safe image sources

Here are some reputable places to get images safely:

  • Custom brand photography (the safest option of all!)
  • Paid stock sites like Adobe Stock, Shutterstock, iStock
  • Free sites with clear licensing: Unsplash, Pexels, Pixabay
    👉Tip – Always keep the original file numbers intact in your file name for quick and easy reference if you ever need it!

Just be aware: even on free sites, photographers can change or remove licenses later. Always save proof of the license at the time you download.

  1. Review old website content periodically

Especially blog posts, landing pages, and hidden pages you may have forgotten. Remove anything that looks suspicious, low-resolution, watermarked, or unfamiliar.

  1. Don’t assume AI images are automatically safe

    Each AI platform has its own rules. Some allow commercial use, some require attribution, and some explicitly warn that content may resemble copyrighted material. Always check the terms of service.

  2. If you hire designers or VAs, ask about their licensing practices

A reputable designer will:

  • Use properly licensed images
  • Document sources
  • Never steal anything from Google or any other search engine
  • Provide guidance on safe image use

This is something I prioritize for my own clients because I’ve seen firsthand what happens when someone else cuts corners.

What To Do If You Receive a Claim Letter

If a notice ever lands in your inbox, don’t panic, but definitely don’t ignore it.

  1. Remove the image immediately from your website and server.
  2. Gather your documentation if you believe you have rights to use it.
  3. Seek legal advice (especially if the requested amount seems inflated).
  4. Respond professionally and keep records of all correspondence.

Sometimes the amount can be negotiated. Sometimes the claim is valid. Either way, a prompt and informed response can prevent the situation from escalating.

Final Thoughts

In today’s digital world, image licensing is more important than ever. A simple oversight, especially on a site that’s been live for years, can turn into a costly surprise. But with good habits, organized documentation, and a little awareness, you can protect your business and avoid these unnecessary headaches.

If you ever need help reviewing your website’s images, updating outdated content, or replacing questionable photos with legal ones, I’m here to help!

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