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Image Copyright

Stock photo licensing, image copyright claims, and how to protect your business.

Image copyright is one of the most expensive issues for small businesses. Agencies like Getty Images, CopyTrack, and PicRights use automated crawlers to find unlicensed images on websites. When they find a match, they send a demand letter, typically for €500 to €5,000 per image. Many businesses use images they believe are free, only to discover they were taken from a photographer's portfolio or a stock agency's catalogue.

Check whether your website contains images that could trigger a copyright claim.

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Key facts

  • CopyTrack and PicRights send over 100,000 demand letters per year across Europe
  • The average settlement for an unlicensed stock photo is €800 to €1,500
  • Even images from 'free' websites can carry hidden licensing restrictions
  • German courts have awarded damages of €2,000+ per image in copyright infringement cases
  • Using a photographer's image without permission violates their rights under EU Directive 2001/29/EC

What we check

  • Reverse image search against known stock photo databases
  • EXIF metadata analysis for copyright ownership tags
  • Detection of watermark removal artifacts
  • License verification for common stock photo providers

Image licensing: good vs. bad examples

Needs fixing

Images from Google Image Search

Downloading photos from Google Images and uploading them to your website. Google Image Search is not a stock photo library. Most images found there are copyrighted. Agencies like CopyTrack use reverse image search to find these and send demand letters of €500 to €5,000 per image.

"Free" images from unverified sources

Using images from websites that claim to offer free photos but don't clearly specify the license. Some sites scrape images from photographers' portfolios and re-upload them without permission. Using these images makes you liable for the infringement.

Stock photos with an expired license

Using images from a stock photo subscription that has been cancelled. Most stock photo licenses are valid only while the subscription is active. Once it lapses, continued use of the images is technically unlicensed.

Removing watermarks from preview images

Downloading watermarked preview images and editing out the watermark. This is copyright infringement and potentially a criminal offence in several EU countries. Agencies specifically look for artifacts left by watermark removal.

Compliant

Licensed stock photos with receipts

Images purchased from reputable stock photo agencies (Shutterstock, Adobe Stock, iStock) with download receipts saved. Keep a spreadsheet linking each image on your website to its license receipt and source.

Creative Commons with proper attribution

Images from Unsplash, Pexels or Pixabay used under their respective licenses. For Creative Commons licensed images, attribution is displayed as required: photographer name, source and license type.

Own photography

Photos taken by you or your staff, or commissioned from a photographer with a written agreement transferring usage rights. Keep the contract on file. This is the safest option as you control the rights.

Regular image check

A periodic check of all images on your website against their license records. Remove any images where the license has expired or the source cannot be verified. Replace with properly licensed alternatives.

Who enforces image copyright?

Image copyright is not enforced by governments but by specialized commercial agencies and collective management organizations. They work on behalf of photographers and stock photo agencies.

CopyTrack (Berlin)
Uses automated image recognition to find unlicensed images across millions of websites. Works on a no-cure-no-pay basis for photographers. Sends demand letters with settlement proposals, typically between €500 and €3,000 per image.
PicRights (Geneva)
Represents major stock photo agencies, including AFP and other press agencies. Uses a network of local law firms per country. Claims range from €500 to €5,000 depending on the image and usage.
Getty Images / iStock
One of the largest stock photo agencies in the world. Has its own enforcement division and regularly engages local lawyers. Getty demand letters are known for high amounts, sometimes exceeding €5,000 per image.
Pictoright (Amsterdam)
Dutch collective management organization for visual creators. Represents illustrators, photographers and visual artists. Primarily focused on reproduction rights and use in publications, but also contacts website operators.
DuPho (Dutch Photographers Association)
Professional association of Dutch photographers. Publishes guideline rates for image use and supports members in enforcing their copyright. Often refers cases to CopyTrack or legal aid.

Received a demand letter? Here is what to do

If you receive a demand letter from CopyTrack, PicRights or Getty Images, take it seriously. Ignoring it almost always leads to higher costs. Follow these steps.

  1. 1

    Remove the image immediately

    Take the image off your website, out of social media posts and out of all other publications. This stops the ongoing infringement and can limit the final damages.

  2. 2

    Verify the claim is legitimate

    Search for the original image using Google Reverse Image Search or TinEye. Check whether the claimant is actually the rights holder. Sometimes claims are filed for images that fall under an open license.

  3. 3

    Respond within the stated deadline

    Most demand letters give you 14 to 30 days to respond. If you do not respond, the case may be forwarded to a collection agency or lawyer, increasing the costs.

  4. 4

    Negotiate the amount

    The initial amount in a demand letter is almost always negotiable. Most cases settle for 40% to 60% of the original amount. Explain that you are a small business and that the infringement was unintentional.

  5. 5

    Keep all correspondence

    Save all letters, emails and proof of removal. If the case escalates, you need a file showing that you acted quickly and in good faith.

Copyright claims in numbers

  • CopyTrack reports more than 190,000 successful claims since its founding in 2015
  • The average settlement in the Netherlands and Germany is between €800 and €1,500 per image
  • German courts have awarded damages of €2,000 to €6,000 per image in copyright cases
  • An estimated 85% of images on the internet are used without a valid license
  • Most claims are settled within 6 to 8 weeks after the initial letter is sent
  • Small businesses and freelancers are the primary targets because they often lack a legal department to screen claims

How our scanner checks this

  • Every image on your website is compared against known stock photo databases via reverse image search
  • EXIF metadata is analyzed for copyright information, camera data and software tags indicating stock agencies
  • Our scanner detects artifacts left behind when watermarks have been removed or cropped
  • Images without recognizable license information or with suspicious filenames are flagged as a risk