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Being hit with a lawsuit over a seemingly harmless image on your website can feel overwhelming and confusing, especially if you had no idea the image was protected by copyright. Many business owners assume that images found online are free to use, but this is not always the case, and the consequences of copyright infringement can be serious.
If you’ve received a cease-and-desist letter or a lawsuit alleging copyright infringement, it is important to stay calm, understand your legal rights, and take the proper steps to protect your business. At Rosenblum Law, we have defended clients in complex copyright infringement cases and successfully gotten cases dismissed or negotiated reasonable settlements.
Keep reading to learn more about what copyright infringement entails, the consequences associated with it, what steps you should take if you receive a copyright letter, how to prevent future copyright infringement, and other vital information.
Understanding Copyright Infringement and Image Use
Copyright protects original works like photos, graphics, and illustrations from unauthorized use. In the United States, original works are automatically protected the moment they are created and publicly released. This means that a company or individual does not need to register the image or add a copyright notice for it to be legally protected.
The creator of the image holds exclusive rights to reproduce, display, distribute, or modify it, and using or altering that image without permission is copyright infringement. Even unknowingly defying copyright laws can lead to copyright infringement.
17 U.S. Code § 501 states that copyright infringement is when one violates the exclusive rights of the copyright owners. Business owners often run into copyright issues without realizing it. A common mistake is using images found through Google searches, assuming they’re free because they’re easy to access.
Another common mistake is altering a copyrighted image, such as by cropping, adding text, or applying filters. Changing a copyright image makes it legal to use.
These seemingly small missteps can lead to costly legal problems, so it is crucial to use originally created images or ensure all images are properly licensed.
Consequences of Copyright Infringement
Penalties for copyright infringement can be civil and/or criminal. They include:
- Statutory Damages: Courts can award between $750 and $30,000 per work infringed, even if the infringement was unintentional. If the court finds the use was intentional or reckless, damages can cost up to $150,000 per work.
- Actual Damages: The copyright owner can also seek compensation for their actual financial losses or profits as a result of the infringement.
- Legal Costs: Infringers may also be required to pay the copyright holder’s legal fees and court costs, which can further increase the financial burden.
Whether the illegal use was intentional or not, copyright lawsuits carry financial burdens and can escalate to include criminal liability. This is why seeking the help of an experienced copyright infringement attorney is vital.
Understanding DMCA Takedown Notices vs. Lawsuits
It is important that companies also understand the difference between a Digital Millennium Copyright Act (DMCA) Takedown Notice and a lawsuit. A DMCA takedown notice is a formal request, usually sent to a website host or platform, demanding the removal of copyrighted content that’s been used without permission. It is often the first step a copyright holder takes to resolve an infringement quickly and without going to court.
Unlike a lawsuit, a DMCA notice doesn’t involve filing legal papers with a court. Rather, it is an administrative action that aims to get the content removed.
Receiving a DMCA takedown notice is serious, but it is not the same as being sued. Still, ignoring it or responding carelessly to a DMCA takedown notice can lead to escalation. If a company receives a DMCA takedown notice, it should take the notice seriously, review the content in question, and remove it if necessary.
If a company believes the takedown notice was baseless, it can file a counter-notice. However, a counter-notice can prompt the copyright holder to file an actual lawsuit, so it is important that a business evaluate whether or not they had permission to use the image in question.
Beware of Copyright Trolls
Copyright trolls are individuals or groups that make a profit from suing internet users using mass copyright litigation. Essentially, they target individuals or companies by suing them for copyright infringement for a large sum of money, pressuring these companies or individuals to settle quickly. Other tactics include mass demand letters and vague threats.
It is important for companies to be aware of copyright trolls and understand their rights. If a company is sued for copyright infringement and believes the perpetrator is a copyright troll, it should contact an attorney immediately to avoid making unnecessary settlements.
How Reverse Image Search Tools Work
Reverse image search tools like Pixsy, ImageRights, and Google Lens allow copyright holders to track if their images are being used online. These tools scan the internet for specific images and flag any unauthorized use, which makes it easier for creators to find potential infringement. Companies should know how to use these tools for their own images, as well as how other companies can use them.
What to Do If You Receive a Copyright Demand Letter or Lawsuit
If a business receives a copyright demand letter or is served with a lawsuit, it should take the following steps to protect its interests:
- Stay Calm and Don’t React Impulsively: Do not ignore the letter. At the same time, do not delete the image in question, as this may be considered destruction of evidence. Also avoid contacting the claimant or admitting fault before seeking legal advice.
- Review the Document Carefully: Determine whether it is a formal lawsuit or a demand letter requesting the removal of content. ee if the demand letter contains any red flags that could indicate a copyright troll, such as inflated penalty amounts or generic claims.
- Gather Relevant Information: Identify the source of the image and where it came from. In addition, locate any proof of licenses, purchase receipts, or usage agreements.
- Hire an experienced attorney: Consult with an attorney about a copyright infringement claim as soon as possible. An attorney will be able to create a defense strategy tailored to the situation at hand.
Potential Defenses Against a Copyright Claim
When a business is hit with a copyright infringement letter or lawsuit, there are many different defense strategies it can use.
- Licensed Use: Showing documentation of permission or a usage license can prove the image was legally used.
- Fair Use: If the image was used for teaching, commentary, criticism, or transformed in a meaningful way, it may be protected.
- Statute of Limitations: If the claim is brought after the legal deadline has passed, it may no longer be enforceable.
- Lack of Originality: If the work isn’t unique or doesn’t meet the minimum creativity threshold, it might not qualify for copyright protection.
- Innocent Infringement: If a company reasonably believes the image was free to use, this can lead to reduced penalties.
An experienced attorney is best able to select a defense strategy to get a copyright infringement case dismissed or reach a favorable settlement.
How to Prevent Future Copyright Issues
There are a number of ways companies can avoid future copyright issues, including:
- Using only trusted, reputable stock image websites that provide clear licensing terms
- Keeping organized records of all image licenses, receipts, or agreements in case usage rights ever need to be proven
- Regularly checking the company website and using reverse image search tools to identify and replace any unlicensed or questionable content
- Checking if the business has coverage under a general liability or media liability policy, which could help cover legal costs related to copyright claims
Contact Rosenblum Law
Facing a copyright dispute for an image on your company’s website can be overwhelming, but you don’t have to handle it alone. The experienced attorneys at Rosenblum Law understand how to assess complex copyright infringement cases, develop a comprehensive defense strategy, negotiate settlements, and fight for your company in court if necessary. We have a strong track record of defending clients in image copyright infringement matters. Contact us today for a free consultation, and find out how we can help protect your business.
FAQs
An image that appears on Google isn’t necessarily free to use. Google indexes images from across the web, many of which are protected by copyright. Using one of these images without permission or without a proper license can expose you to a lawsuit from the original creator or a company that owns the rights.
Never ignore a copyright demand letter or lawsuit. Save the letter, take down the image in question, and speak to an experienced copyright attorney immediately. The wrong response, or no response at all, can increase your legal risk and potential liability.
Possible defenses include:
· Fair use (such as commentary, criticism, or parody),
· Lack of substantial similarity,
· Public domain status of the image,
· You had a license (or believed in good faith that you did),
· The plaintiff doesn’t actually own the copyright.
If you ignore the lawsuit, the court can enter a default judgment against you and order you to pay significant damages, even if you didn’t realize you were infringing a copyright. In criminal copyright cases, you could even face jail time. Thus, never ignore a copyright demand letter or lawsuit.
Copyright law is extremely complex, and the stakes can be high due to financial liability and the possibility of facing jail time. A qualified attorney is vital in this process, as they will be able to:
· Evaluate whether you actually infringed
· Respond to demand letters or file legal defenses
· Negotiate a settlement
· Protect your rights in court
· Help you avoid costly mistakes
Last updated: Jul 30, 2025
