Should you ignore a copyright demand letter?

No. Ignoring a copyright demand letter almost always makes your situation worse. The sender will escalate to court, your costs will rise sharply, and you will lose the chance to negotiate a reasonable settlement.

What a demand letter means

A copyright demand letter (also called a cease and desist letter or letter before action) is a formal notice that the sender believes you have infringed their copyright and intends to pursue legal action if you don't respond.

The sender may be:

• A photographer or artist
• A stock photo agency like Getty Images, Alamy or Shutterstock
• A copyright enforcement firm acting on behalf of the copyright owner (like Copytrack, PicRights and similar services)

The letter sets out which image(s) you have allegedly used without permission, when you used them, and what the sender is demanding (usually removal of the image and payment).

Why courts expect you to respond

The UK Civil Procedure Rules include a Pre-Action Protocol for Intellectual Property Claims. This protocol sets out the conduct expected before litigation begins, including:

• Both parties must communicate in writing before court proceedings start
• The claimant must set out the basis of the claim in detail
• The defendant (that is, you) is expected to respond within a reasonable timeframe (typically 14 to 30 days)

If you ignore the letter and the claimant takes you to court, the judge will ask why you did not respond during the pre-action phase. Non-compliance with the protocol can affect the judge's decision on costs, even if you win on the merits. In practice, ignoring the letter shows the court that you did not take the claim seriously.

The IPEC Small Claims Track

Most copyright claims involving images are heard in the IPEC (Intellectual Property Enterprise Court) Small Claims Track. This is a specialist court designed for smaller disputes.

The IPEC Small Claims Track handles copyright claims up to £10,000. The procedure is informal and designed to be affordable for small businesses.

Key features:

• Claims are heard quickly, often within weeks of being issued
• Costs are capped: the loser typically pays only a modest amount towards the winner's legal costs
• Parties are often unrepresented (no lawyer required)
• Hearings are short and conducted on paper or in person, depending on the case

For the claimant, the IPEC Small Claims Track is attractive because they can pursue a copyright claim without the expense of traditional litigation. This means copyright owners are more likely to pursue you if you ignore their letter.

What happens if you do nothing

If you fail to respond to the demand letter within the timeframe requested, the sender will typically escalate as follows:

Stage 1: Initial demand letter (week 1-2) You receive a letter setting out the infringement, the removal deadline, and a settlement amount. The letter may be marked "without prejudice" (meaning it cannot be used as evidence in court), but this does not mean you should ignore it.

Stage 2: Final warning or escalation notice (week 3-6) If you do not respond or refuse to pay, the sender issues a final notice warning that they will begin court proceedings.

Stage 3: Court claim (week 7-12) The sender files a claim in the IPEC Small Claims Track. You are served with the court papers. You now have a formal obligation to file a defence within a set time or risk judgment in default (a court order against you without hearing your side).

Stage 4: Disclosure and trial (week 13-20) Both sides exchange evidence and documents. The case is heard by a judge. You lose the ability to negotiate; instead, the judge decides.

Stage 5: Judgment and enforcement (week 20+) If you lose, the judge orders you to pay damages (typically £500 to £5,000 for a single image) plus the claimant's costs (£400 to £1,500 depending on the complexity).

By ignoring the initial letter, you have transformed a negotiable claim into a court judgment.

Real cases in the IPEC

In Hoffmann v Drug Abuse Resistance Education (UK) Ltd, a photographer sued a charity that had used 19 of his drug-related photographs on its website without permission. The charity did not obtain a licence and did not respond to early warnings. The court awarded the photographer £10,000 in damages and found that the charity's claim of "innocent" infringement (not knowing the images were protected) was not a defence.

In Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd, a loft conversion company discovered that a competitor had copied 21 of its photographs and passed them off as its own work. Absolute Lofts sued in the IPEC Small Claims Track and won £6,000 in damages.

Both cases show that UK courts treat copyright infringement seriously, even when the images are used by small businesses, and that damages are awarded routinely.

What to do if you receive a demand letter

Remove the image immediately. The first step is always to take the infringing image off your website. This demonstrates good faith and removes the basis of the ongoing infringement. Most copyright owners will view this positively.

Verify the claim. Check whether you actually hold a licence for the image. Look for email confirmations from the stock photo site, invoices, or download receipts. It is possible (though rare) that the sender is mistaken about ownership or that you do hold valid rights.

Check the date. Copyright infringement claims are subject to a six-year limitation period under the Limitation Act 1980. If the image was on your site more than six years ago, claims about that period may be time-barred. However, this is a technical defence and courts often reject it if the image remained on your site throughout the period.

Respond to the letter. Write back within the deadline (usually 14 to 30 days). Your response should:

• Confirm you have removed the image
• Explain how the image came to be on your site (designer uploaded it, client supplied it or you found it online)
• Enclose a screenshot or proof of removal
• If you believe the claim is incorrect, set out your reasons clearly and factually

Negotiate if appropriate. If you used the image without permission, consider settling. Most copyright owners will negotiate a settlement lower than their original demand, often 30 to 50% of the claimed amount. Payment is usually faster and cheaper than defending a court claim you are likely to lose.

Seek legal advice for claims over £2,000. If the demand is substantial or the facts are disputed, consult a solicitor. Many solicitors will offer a free initial consultation.

Costs of ignoring the letter

Responding to the demand letter and settling typically costs:

• Solicitor advice (if required): £300 to £800
• Settlement payment: £200 to £3,000 depending on the image and the claimant
• Total time: 2 to 6 weeks
• Total cost: £500 to £3,800

By contrast, ignoring the letter and defending in court typically costs:

• Court claim and defence (with solicitor): £1,000 to £3,000
• Likely damages award: £500 to £5,000
• Costs order against you (if you lose): £400 to £1,500
• Total time: 3 to 6 months
• Total cost: £2,000 to £9,500

Settlement is almost always cheaper and faster.

Key takeaways

• Copyright demand letters must be taken seriously: they precede court action
• UK courts expect you to respond during the pre-action phase; ignoring the letter damages your case
• The IPEC Small Claims Track is designed to make copyright claims affordable for claimants
• Ignoring the letter invites escalation to court, where damages and costs are awarded routinely
• Responding, removing the image and negotiating a settlement is almost always cheaper than defending a court claim
• If the claim is large or complex, seek legal advice early