Image Copyright Lawyer: What To Do If Your Photos Are Used

Priya runs a small product photography studio in Manchester. One Monday morning, she spots one of her campaign images on another retailer's website, cropped, with her watermark removed and no mention of her business.

It's frustrating, and it's easy to feel like you need to fire off an angry email straight away. But when someone uses your photo without permission in the UK, the strongest response usually starts with a calm paper trail.

If you're a photographer, agency or ecommerce business, here's how to protect your position, get the image removed if that's your priority, and work out whether a settlement or licence fee makes sense.

Has Someone Used Your Photo Without Permission In The UK?

Yes, if someone has copied or used your photo without your permission, it may be copyright infringement under the Copyright, Designs and Patents Act 1988.

In the UK, copyright usually arises automatically when an original photograph is created. You don't need to register it with the UK Intellectual Property Office, and the UK doesn't have a copyright registration system in the same way some other countries do.

For photographs, copyright usually lasts for the life of the creator plus 70 years. The owner can normally control things like copying, publishing, sharing online and adapting the image.

Before you take action, check that your business actually owns or controls the rights. This matters because the person entitled to complain isn't always the person who found the image online.

For example:

• If you took the photograph yourself, you may own the copyright.
• If your employee took it as part of their job, your business may own it, unless your employment documents say otherwise.
• If you commissioned a freelance photographer, they may still own the copyright unless they assigned it to you in writing.
• If you only have a limited licence to use the image, you may not have the right to enforce it against someone else.

If ownership is unclear, sort that out first. A strong copyright claim can become messy quickly if you can't show who owns the image and what rights were granted.

What Should You Do First If Your Image Has Been Used?

The first thing you should do is capture evidence before you contact the person using the image.

Online content can disappear quickly once someone realises they've been caught. If you don't keep proper records, you may struggle to prove what happened, how long the image was used, or whether it was used commercially.

Evidence To Keep

• Full-page screenshots showing the image, webpage, URL, date and time.
• Screenshots of social media posts, adverts, marketplace listings or email campaigns.
• Copies of the image file you own, including metadata and evidence of prior use if available.
• Invoices, briefs or assignment documents showing how the image was created.
• Your usual licence fees, rate cards or past invoices for similar use.
• Any evidence that the user removed a watermark, cropped a credit or ignored earlier requests.

If the use is on a website, save the page as a PDF and take screenshots on both desktop and mobile if the image appears differently. If it's on a marketplace, capture the listing, seller name, product details and any visible sales information.

Then work out your goal. Do you mainly want the image removed? Do you want payment? Do you want them to stop using a whole set of images? Your goal will shape the tone and content of your next step.

Try not to accuse someone publicly before you've checked the facts. Sometimes the user may have bought the image from a third party, misunderstood a licence, or used it through an agency. That doesn't mean you're stuck, but it can affect the best way to resolve it.

Should You Send A Takedown Request Or A Settlement Letter?

It depends on your goal: send a takedown request if removal is urgent, and send a settlement letter if you want payment or a formal resolution.

A takedown request is usually the fastest route when the image is being used on a platform, marketplace or social media site. Most major platforms have copyright complaint processes where you can identify the image, confirm your rights and ask for the content to be removed.

You can also contact the website owner, web host or domain provider. In the UK, there isn't one single universal takedown law that works for every website, so the process often depends on where the content is hosted and the platform's own rules.

A settlement letter is different. It usually asks the user to:

• stop using the image or take it down by a stated date;
• confirm where and how the image has been used;
• pay a licence fee, settlement amount or agree a copyright licence agreement;
• delete copies from their systems or confirm future permitted use under clear licence terms; and
• cover your reasonable costs where appropriate.

This is where an image copyright lawyer can be useful, especially if the image has been used in advertising, by a competitor, across multiple platforms, or after a watermark or credit was removed.

If you're comparing help, a free template may be enough for a very low-value takedown but can miss ownership, evidence and settlement wording. An online legal consultancy may be able to prepare a tailored fixed-fee letter. A traditional firm billing by the hour may suit larger disputes or matters that are likely to move towards court. The right option depends on the value of the image, the user's conduct and how far you're prepared to push it.

What Should An Image Copyright Claim Include?

An image copyright claim should clearly explain what you own, what the other person did, what you want them to do next, and the deadline for responding.

You don't need to make the first letter overly aggressive. In many cases, a clear and well-evidenced letter is more effective than a long legal threat. The aim is to show that you've checked your rights and that the recipient can't simply ignore the issue.

Settlement Letter Outline

Here's a practical outline you can use to organise your thoughts before a lawyer tailors the letter. It's not a finished legal document, and the wording should be adapted to your facts before you send it.

1. Your Details: identify your business, the image owner and the person authorised to deal with the claim.
2. The Image: describe the photo, file name, shoot date, client or campaign, and any unique features.
3. Your Rights: explain whether you created the image, employed the creator, or hold an assignment or exclusive licence.
4. The Infringing Use: list each webpage, platform, advert, post or listing where the image appeared.
5. Evidence: refer to screenshots, dates, URLs, metadata and examples of your original image.
6. Your Loss Or Fee: explain the licence fee you would have charged, plus any extra factors such as commercial advertising use.
7. What You Want: ask for takedown, payment, written undertakings, deletion of copies or a new licence.
8. Deadline: give a clear response date, often 7 to 14 days depending on urgency.
9. Next Steps: explain that you may consider further action if they don't respond.

Keep your language factual. Avoid saying things you can't prove, and don't inflate the claim with random penalty amounts. A claim is stronger when it connects the amount requested to your actual licensing practice and the way the image was used.

How Much Could You Claim For Photo Copyright Infringement?

The amount you can claim depends on the licence fee, the scale of use, the user's conduct and the commercial impact on your business.

For many image copyright claims, the starting point is the fee that would reasonably have been charged if the user had asked for permission in advance. This is sometimes called a hypothetical licence fee.

Other factors may also matter, such as:

• whether the image was used on a high-traffic website or in paid advertising;
• how long the image was live;
• whether the use was local, national or international;
• whether the image was edited, cropped or had a watermark removed;
• whether the user is a competitor; and
• whether the use damaged an exclusive licence you gave to someone else.

Under the Copyright, Designs and Patents Act 1988, a court can also award additional damages in some cases, having regard to all the circumstances, particularly the flagrancy of the infringement and any benefit the infringer gained. For example, deliberately removing a watermark, ignoring clear copyright notices, including clear copyright disclaimer wording, or continuing after warnings may be relevant to that assessment.

A Worked Example

Say Priya usually charges GBP 350 for a 12-month online product image licence for one retailer's website. A competitor used the image on its website and in a paid social media advert for 18 months.

Priya might calculate a baseline licence fee of GBP 525, based on 18 months at her usual annual rate. She might then consider whether to ask for more because the image was used in advertising, the watermark was removed, and the user is a competitor.

The final settlement figure won't be automatic. It will depend on the evidence, the user's response and the commercial context. If the matter doesn't settle, claims in England and Wales may sometimes be brought in the Intellectual Property Enterprise Court, including its small claims track for suitable IP claims up to GBP 10,000. If things reach that stage, you should speak to a litigation specialist.

How Can A Photo Licensing Agreement Prevent This Happening Again?

A content licence agreement or photo licensing agreement helps prevent disputes by spelling out exactly who can use the image, where they can use it, for how long and for what purpose.

This is especially useful if you license images to clients, ecommerce partners, agencies, franchisees or influencers. Without written terms, you may end up arguing later about whether the client could use the photo on paid ads, overseas websites, packaging or AI training tools.

Terms To Include In Your Licence

• Parties: name the copyright owner and the person or business receiving the licence.
• Images Covered: attach a shot list, gallery link, file names or contact sheet.
• Permitted Use: describe the allowed channels, such as website, social media, print brochure or marketplace listing.
• Territory: state whether the licence is UK-only, worldwide or limited to certain regions.
• Term: set the start date and end date, or say whether the licence is ongoing.
• Exclusivity: confirm whether the client has exclusive rights or whether you can license the image to others.
• Fees: set out the fee, payment dates and what happens if payment is late.
• Restrictions: ban uses you don't allow, such as resale, sublicensing, editing, removing credits or using images for AI training without written permission.
• Credits And Moral Rights: deal with photographer credits and any moral rights that have been asserted or waived.
• People In Photos: confirm who is responsible for model releases, privacy notices and consent where identifiable people appear.
• Infringement Response: explain who can enforce the image rights if a third party misuses the photo.

If you're an ecommerce business commissioning photos, also check that your photographer agreement includes an assignment or a licence broad enough for your actual use. A narrow licence can create problems later if you expand into new marketplaces, international sales or paid advertising.

Getting the licence right from day one makes enforcement easier because you can point to a written document rather than relying on memory, emails or assumptions.

Key Takeaways

• Copyright in UK photographs usually arises automatically, but you still need to prove who owns or controls the rights.
• Capture evidence before you contact the person using your image, including screenshots, URLs, dates and your original files.
• Use a takedown request for urgent removal and a settlement letter when you want payment, undertakings or a formal outcome.
• A sensible image copyright claim should connect the amount requested to your usual licence fees and the way the image was used.
• A tailored photo licensing agreement can prevent arguments about platforms, duration, exclusivity, credits and future enforcement.

If you'd like help with image copyright claims, takedown and settlement letters, or photo licensing terms for your business, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.