PicRights in Australia: What to Do If You Get a PicRights Letter

If you’ve received an unexpected email or letter from “PicRights” demanding payment for using an image on your website, socials or marketing, you’re not alone.

These notices can be confronting. They often cite copyright infringement, include screenshots and timestamps, and request a settlement payment within a short timeframe.

Don’t panic. And don’t ignore it either.

In this guide, we’ll explain who PicRights is, whether a PicRights demand is legitimate, what steps to take right now, and how to prevent this from happening again. We’ll keep it practical and tailored to Australian small businesses.

What Is PicRights And Why Did You Get A Letter?

PicRights is a copyright enforcement service engaged by rights holders (often image libraries and photographers) to identify unlicensed uses of images online and to recover licence fees or damages. Think of it as outsourced copyright compliance: they scan the web, match images with their clients’ catalogues, and then contact businesses using images without a recorded licence.

You might receive a PicRights letter if:

• You used a photo you found via Google Images or social media without a licence.
• You relied on a stock image but can’t locate proof of purchase or the licence terms.
• A contractor, designer or agency supplied imagery they didn’t lawfully license to you.
• User-generated content (UGC) appeared on your site or socials without the creator’s permission.

In most cases, the claim will allege that your business communicated the image to the public (e.g. by posting it on your site) without permission, which can infringe the copyright owner’s exclusive rights under the Copyright Act 1968 (Cth).

Is PicRights A Scam Or A Legitimate Claim?

We often hear “Is PicRights a scam?” The short answer is that PicRights is a real company and, in many cases, its notices relate to genuine copyright claims for images it manages on behalf of rights holders.

However, not every demand is accurate or fairly priced. Sometimes the wrong party is contacted, the licence is overlooked, or the image is misidentified. In other situations, the requested sum may be higher than what a reasonable licence would have cost.

So treat the letter as a potential legal claim, not spam. But apply healthy scrutiny:

• Check whether the image in their screenshots is indeed yours (same file, crop, and context).
• Confirm the dates of alleged use and whether the image is still live.
• Search your records for a valid licence, supplier invoice or email granting permission.
• If a contractor provided the image, review your contract for warranties and indemnities and ask them for proof of licensing.

If you’re unsure how to assess the claim or respond strategically, getting a quick Copyright Consult can save time and reduce risk before you reply.

What Should You Do If You Receive A PicRights Email Or Letter?

Here’s a practical, step-by-step approach you can use right now.

1) Don’t Ignore It - Calendar The Deadline

Put the deadline in your calendar and aim to reply before it expires. Ignoring a credible claim can escalate the matter and increase the settlement amount.

2) Preserve Evidence And Audit Your Use

Take dated screenshots of the relevant web pages and any back-end records showing when the image was added or removed. Download your web access logs if available. Keep all communications in one place.

3) Remove Or Replace The Image (If You Don’t Have Rights)

If you don’t have a licence, remove the image immediately and replace it with content you’ve created or properly licensed. While removal doesn’t erase past liability, it can help limit ongoing exposure and shows you’re acting in good faith.

4) Search For A Licence Or Permission

Look for invoices, emails or licence files from stock libraries or photographers. Confirm the exact terms (e.g. duration, territory, media, attribution requirements). If an agency, freelancer or web developer supplied the image, ask them for proof of rights and check your agreement for indemnity clauses.

For future projects, it’s worth putting a simple Copyright Licence Agreement in place with regular creative suppliers so you clearly own or license what you pay for.

5) Assess The Claim Amount

Compare the requested sum with typical licence fees for similar use in Australia, considering factors like how long the image was used, where it appeared (homepage vs. blog), and your business’ reach. If the claim is far above a reasonable licence and administrative costs, that may be a basis to negotiate.

6) Consider Your Legal Position

Australian law provides for remedies like damages or an account of profits, and in some cases additional damages for flagrant infringement. However, where a business can show it did not know and had no reason to suspect the image was infringing (often called “innocent infringement”), the court may limit damages for the use itself. What this means in practice depends on your facts - another reason a short consult can be useful before you reply.

7) Prepare A Professional Response

When you’re ready to respond, keep it calm and factual. Confirm removal (if applicable), attach any proof of licence or permissions, and outline any factors that justify a lower settlement (limited use, short duration, low traffic, innocent mistake). Where appropriate, make a counter-offer that reflects a realistic licence fee plus reasonable admin.

If the claim is complex or high-value, consider asking an Intellectual Property Lawyer to correspond on your behalf. A tailored letter can correct factual errors, minimise admissions, and move the matter toward a sensible resolution and release.

8) Seek A Written Release On Settlement

If you do settle, request a written release confirming the amount covers the specified past use and that the matter is finalised (often limited to the specific image and uses identified). Keep a copy with your brand and marketing records.

How Much Could This Cost? Damages, Negotiations And Releases

There’s no one-size-fits-all number. Settlement amounts vary widely depending on the image owner’s policies, the duration and prominence of use, and whether you can show a legitimate, albeit mistaken, belief that you were licensed.

In Australia, courts can award damages that reflect a reasonable licence fee for the use plus potential additional damages in aggravating cases. However, most PicRights matters are resolved through negotiation without court proceedings - and a reasonable, well-supported response can make a meaningful difference to the figure.

Key points to consider when negotiating:

• Scope of use: Limited use on a low-traffic blog is different from a homepage hero image used for years.
• Duration: Shorter use usually reduces exposure.
• Mitigation: Prompt removal, cooperation and improved processes can help.
• Proof: Licences, emails and supplier warranties can change the position entirely.
• Release: Any settlement should be paired with a written release to close out the claim.

If a supplier or contractor caused the issue, you might recover some or all of the cost from them depending on your contract terms. This is why it’s helpful to have clear warranties and indemnities in your supplier agreements and to keep licence records organised.

How To Prevent PicRights (And Other Image) Claims In Future

The best way to avoid future headaches is to tighten your content workflow so every image has a clear, documented source and permission.

Adopt A “No Source, No Publish” Rule

Only publish images that are created in-house, licensed from a reputable stock library, or provided by a supplier with warranty and proof of rights. Keep the licence terms with the file.

Use Trustworthy Sources And Keep Records

• Choose reputable stock libraries and maintain a licence log (file name, source, licence terms, date).
• Avoid pulling images from search engines or social platforms unless you have express permission to use them commercially.
• Be cautious with scraping or bulk-downloading content - if in doubt, review guidance on web scraping legality and get advice.

Lock In Clear Contracts With Creators And Agencies

When working with designers, photographers or marketing agencies, include warranties that all assets are original or properly licensed, and indemnities for third-party IP claims. A simple supplier addendum or a tailored Copyright Licence Agreement can make expectations crystal clear.

Manage User-Generated Content (UGC) Properly

If customers or community members can upload or share images on your site or app, set rules around ownership and permissions in your Website Terms and Conditions. Make it clear users must only post content they own or have rights to, and that you can remove infringing content.

Get Consent When Photos Include People

Separate from copyright, images of identifiable people can raise privacy and publicity issues. Having a clear process for model or participant consent is a smart move; if your business regularly photographs customers, volunteers or staff, review your approach against Australia’s photography consent laws.

Train Your Team And Set A Checklist

A short training session for staff and contractors can dramatically reduce risk. Share a checklist so everyone knows what to look for before publishing a new asset (source, licence, attribution, consent, record filed).

Document Your Policy And Review Annually

Write down your image-use policy and include it in your marketing playbook. Review it annually, especially if you change suppliers, platforms or campaign formats.

Common PicRights Scenarios We See (And How Businesses Resolve Them)

Every matter is different, but these patterns come up often for Australian SMEs:

• Blog image from a Google search: The business quickly removes the image, verifies limited traffic, and negotiates a reduced fee close to a reasonable one-off licence plus admin.
• Old agency-supplied banner: The business retrieves the contract and emails showing the agency warranted it had all rights. The agency provides a licence or contributes to the settlement.
• Historic image on an abandoned subpage: The business shows the image was uploaded by a former contractor years ago, demonstrates low visibility and innocent mistake, and closes the claim for a modest fee with a release.
• Image shared by a customer on a brand hashtag: The business updates its UGC workflow, obtains creator permission, and tightens Website Terms and Conditions to address user obligations going forward.

In each case, acting quickly, gathering facts, and responding professionally were key to a sensible outcome.

Frequently Asked Questions About PicRights For Australian Businesses

Do I have to pay the exact amount PicRights demands?

Not necessarily. You should assess the facts and the quantum. If you lacked a licence, some payment may be appropriate, but the amount can often be negotiated based on scope of use, duration and other factors. Seek advice if you’re unsure.

Will removing the image make the issue go away?

Removing the image stops ongoing use but doesn’t automatically resolve past liability. It’s still important to engage with the claim and seek a release if you settle.

What if I found the image on a “free” site?

Many “free” repositories still require attribution, have limits on commercial use, or contain mislabelled content. Always check the licence terms and keep proof. When in doubt, use a reputable stock library or commission your own content.

Can PicRights sue my business?

PicRights’ clients can commence legal action in Australia, but most matters settle without court proceedings. The best way to minimise risk is to respond thoughtfully, correct any issues quickly, and negotiate pragmatically.

What if I licensed the image through a supplier?

Send PicRights your proof and ask them to close the file. If your supplier warranted they had rights but can’t provide proof, you may be able to seek contribution from them under your contract.

Key Takeaways

• PicRights is a real enforcement service. Treat any letter as a potential legal claim - don’t ignore it, but do verify the facts.
• Act quickly: preserve evidence, remove any unlicensed image, search for licences and check your supplier contracts.
• You can often negotiate the amount. A measured, evidence-based response (and, where needed, advice from an Intellectual Property Lawyer) helps achieve a fair outcome and a proper release.
• Prevention is best: adopt a “no source, no publish” rule, keep licence records, and use clear contracts like a Copyright Licence Agreement with creative suppliers.
• Manage UGC and consent properly with strong Website Terms and Conditions and a process aligned with photography consent laws.
• A short Copyright Consult before you reply can reduce risk, save time, and set you up to resolve the matter efficiently.

If you’d like a consultation on responding to a PicRights demand or tightening your image-use processes, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.