What To Do If Someone Copies Your Product Photos

Someone copied your product photos - what can you do about it? The reassuring answer is that, in many cases, you can act quickly without needing to jump straight into a major dispute.

Product photos are often protected by copyright in the UK, and that protection can give you practical options: collecting evidence, asking a marketplace to remove the listing, sending a clear cease and desist letter, and asking for payment where the copying has caused loss or unfair benefit.

The key is to move carefully. If you fire off an angry message before checking who owns the copyright, you may weaken your position or miss the fastest route to getting the images taken down.

Can Someone Copy My Product Photos Without Permission?

No, someone generally can't copy your product photos without permission if those photos are protected by copyright and your business owns or controls the rights.

In the UK, photos are usually protected automatically under the Copyright, Designs and Patents Act 1988. You don't need to register copyright with the UK IPO, because there isn't a UK copyright registration system for ordinary product photos. Protection starts when the photo is created, as long as it's original enough to qualify.

For photos, copyright usually lasts for the life of the photographer plus 70 years. That means the rights can be valuable business assets, even for simple ecommerce photos.

The important question isn't just whether the image is protected. It's also whether your business has the right to enforce it.

Ownership can depend on how the photos were created:

• You took the photos yourself: you'll usually own the copyright personally, unless you created them as an employee for another business.
• Your employee took the photos as part of their job: your company will usually own the copyright, unless your employment documents say something different.
• A freelance photographer took the photos: the photographer usually owns copyright unless they assigned it to you in writing. A licence may give your business permission to use the photos, and an exclusive written licence may give you enforcement rights, but a non-exclusive usage licence usually won't make you the copyright owner.
• You bought stock images or used manufacturer photos: you may only have a copyright licence to use them, and you may not have the right to enforce copyright against someone else.

Say you run a skincare brand and paid a photographer 450 pounds for a product shoot. If the agreement only says you can use the images on your website and social media, that may be a licence rather than a full transfer of ownership. You may still have options, but your first step is to check the paperwork before accusing the other shop of copyright infringement.

What Should I Do First If An Online Shop Copied My Photos?

You should collect evidence first, before you contact the other business or the platform hosting the copied images.

This is one of those moments where a calm paper trail helps. Websites can change quickly. A competitor may remove the page, edit the listing or deny the copying once they realise you've noticed.

Evidence To Save Straight Away

• Screenshots of the copied images on the other website, including the full page and any product listing details.
• The date and time you found the copied images.
• The website address, marketplace listing ID, seller name and any shop details.
• Copies of your original image files, including metadata if you have it.
• Invoices, briefs, emails or contracts showing how the photos were created.
• Records showing when you first used the photos, such as website uploads, social media posts or product launch emails.
• Evidence of harm, such as customer confusion, lost sales, copied product descriptions or ads using your images.

Then check whether there's any innocent explanation. For example, the other shop may be an authorised reseller using manufacturer images, or a supplier may have given the same photos to multiple retailers under a supplier agreement. That won't always make the copying lawful, but it changes the tone and strategy.

A practical first message might be enough if the copying looks careless. For example: "We own or control the rights in these images and haven't authorised your use. Please remove them by 5pm on Friday and confirm once done."

If the other business ignores you, keeps selling, uses your photos in paid ads or copies several listings, it's usually time to move to a more formal takedown request or cease and desist letter.

How Do I Send A Takedown Request To A Website Or Marketplace?

You can often send a takedown request directly to the marketplace, social media platform, web host or advertising platform that's displaying the copied product photos.

This can be the fastest option, especially if the other seller is overseas, hiding behind a shop name or refusing to respond. Marketplaces and platforms usually have intellectual property reporting tools for copyright complaints. Some use their own forms. Others use processes modelled on the US DMCA, even when the seller or rights owner is in the UK.

A strong takedown request usually includes:

• Your business name and contact details.
• A clear description of the original photos.
• Where your original photos appear online.
• The links or listing numbers for the copied photos.
• A short explanation of why you own or control the copyright.
• A statement that you haven't authorised the use.
• Any required platform declaration that the information is accurate.

Keep your request factual. The platform staff reviewing it may not be legally trained, and they're usually looking for clear matching images and ownership information. Long arguments about unfair competition often slow things down.

There's one important risk. If you submit a weak or incorrect takedown complaint, the platform may reject it, suspend your reporting rights or give the other seller grounds to push back. For example, if you don't own the photos because a freelancer kept the copyright, your complaint may need to come from the photographer or be supported by a written assignment.

If the platform removes the images, take a screenshot of the result and save the platform's confirmation. If the other seller reuploads the photos under a new listing, you'll want to show a pattern of repeat copying.

When Should I Send A Cease And Desist Letter For Copyright?

You should consider a cease and desist letter when the copying is serious, ongoing, commercial or likely to damage your brand.

A cease and desist letter is a formal demand telling the other business to stop using the images and take specific steps to fix the issue. It can sit alongside a marketplace takedown request.

In many cases, you send both: one to get the listing removed quickly, and one to deal with the business behind the copying.

A letter is often helpful where:

• The other seller is using your photos on its own website, not just a marketplace.
• The photos are being used in paid ads, email campaigns or social media promotions.
• The copying involves a large number of images or repeated conduct.
• Your photos are being used to sell counterfeit or misleading products.
• You want payment, not just removal.
• You need a written record before taking any further steps.

The tone matters. A good copyright cease and desist letter is firm, clear and evidence-based. It doesn't need to sound aggressive. In fact, overly dramatic language can make the other side defensive and harder to settle with.

For example, Maya runs an online homewares store in Manchester. She spent 800 pounds on a styled shoot for 20 ceramic products. A competing online shop copied 12 of the images and used them on listings priced 10% lower. Maya gathered screenshots, checked that her photographer had assigned copyright to her company in writing, sent a platform takedown, and then sent a cease and desist letter demanding removal, written undertakings and a settlement payment. The competitor removed the images within 48 hours and agreed not to use them again.

If the other business pushes back with a legal argument, or the amount at stake is high, get tailored advice before replying. A short response sent in frustration can accidentally narrow your claim or reveal more than you need to.

Can I Ask For Money If My Product Photos Were Copied?

Yes, you can ask for money where someone has infringed copyright in your product photos, but the right amount depends on the facts.

Payment is usually framed as a settlement demand. You're asking the other business to resolve the issue without taking it further. That demand should be realistic and backed by evidence.

Common ways to think about the amount include:

• A reasonable licence fee: what the other business would have paid to use the images lawfully.
• Your actual loss: for example, lost sales or extra advertising costs caused by customer confusion.
• The other party's benefit: for example, sales they made using your images.
• Additional harm: for example, damage to brand reputation if the images were used with poor-quality products.
• Your enforcement costs: for example, the cost of getting legal help to prepare a letter, if you're asking for that as part of a settlement.

Here is a simple worked example. Under your standard image licence terms, you usually license similar product images to resellers for 60 pounds per image for a 12-month online use licence. Another shop used 12 images for three months. A starting point might be 720 pounds for the unauthorised use, plus a sensible amount for admin time or legal costs if the facts support it. If the copying also diverted customers or involved misleading products, the number may need a different analysis.

Don't assume the biggest number is the best strategy. An inflated demand can make settlement harder. A well-explained figure, paired with evidence and a clear deadline, often gets a better response.

If you don't know whether the amount is sensible, ask a UK image copyright lawyer or online business legal team to review the evidence and draft the demand. This is especially useful if the other side has already denied infringement or claimed they had permission from a supplier.

What Should A Copyright Cease And Desist Letter Include?

A copyright cease and desist letter should identify the copied photos, explain your rights, demand specific action and set a clear deadline.

Templates can be useful for structure, but they often miss the details that make a letter persuasive: who owns the images, what proof exists, what outcome you want and how the amount claimed was calculated. A lawyer should tailor the letter before you use it, especially if you're asking for money or the other business is likely to argue.

Cease And Desist Letter Outline

1. Sender Details: state your business name, company number if relevant, and contact details.
2. Recipient Details: identify the business, seller account, website owner or director you're writing to.
3. Background: explain briefly what your business does and how the photos were created.
4. Your Rights: explain whether you own the copyright or have authority to enforce it, and refer to any assignment or employment position.
5. Infringing Use: list the copied images, URLs, listing IDs, dates and screenshots you rely on.
6. Legal Position: state that the unauthorised copying and online use appears to infringe copyright under the Copyright, Designs and Patents Act 1988.
7. Demands: ask for removal, deletion of copies, no further use and written confirmation.
8. Settlement Payment: if relevant, explain the amount claimed and how you calculated it.
9. Undertakings: ask the recipient to confirm they won't use the photos again or upload them through another account.
10. Deadline: set a realistic response date, such as 7 days for removal and 14 days for payment discussions, depending on urgency.
11. Next Steps: say you may consider further options if they don't respond, without making threats you aren't ready to follow through on.

Keep the letter businesslike. Attach or reference the evidence, but don't overload the first email with every internal document. You can offer to provide more information if needed.

Also think about who should receive it. A small marketplace seller may respond to an email. A larger company may need the letter sent to its registered office, legal inbox or a director. You can usually check company details through Companies House if the business is a UK company.

Key Takeaways

• Product photos are usually protected automatically by copyright in the UK, but you need to check whether your business owns or controls the rights.
• Save evidence before contacting the other business, including screenshots, URLs, listing IDs, original files and contracts with photographers.
• Marketplace takedown requests can be a fast way to remove copied photos, especially where the seller is hard to identify.
• A cease and desist letter is useful where the copying is commercial, repeated, damaging or you want written undertakings and payment.
• Settlement demands should be realistic and based on a reasonable licence fee, actual loss, the copier's benefit or other evidence.
• Tailored advice can make a big difference if a freelancer created the photos, the other side denies copying, or the claim involves a meaningful amount of money.

If you'd like help with checking who owns your product photos, preparing a takedown request, drafting a copyright cease and desist letter or negotiating a settlement demand, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.