Running a small business in Australia usually means wearing a lot of hats - sales, marketing, customer service, and (often) managing your website and social media.
At some point, you might get an unexpected email or letter alleging you’ve used a photograph online without permission. It may demand payment, include screenshots of your website, and set a deadline. If you searched online for what to do next, you may have come across PicRights and searches like “PicRights Australia”.
If that’s you, the good news is: you don’t need to panic, and you don’t need to guess. But you do need to respond carefully, because what you do in the first few days can affect your legal risk, negotiating position, and costs.
This guide explains how image rights enforcement works in Australia, what copyright claims over photos usually involve, and a practical step-by-step approach for small businesses responding to these claims in a way that protects your business.
Note: this article provides general information only and does not constitute legal advice. If you’ve received a specific claim, consider getting advice on your particular circumstances.
What Does “PicRights Australia” Usually Mean For A Small Business?
When people search for PicRights in Australia (including searches like “PicRights Australia”), they’re typically looking for guidance after receiving an image copyright enforcement notice.
In practice, these notices usually say:
- a photo has been used on your website (or in your marketing) without a licence
- the sender represents the photographer or an image library
- you need to pay a licence fee or settlement amount
- you must respond by a certain date (often within days)
These claims are part of a broader category often referred to as image rights enforcement. The underlying legal issue is usually copyright - not trade marks, not defamation, and not “privacy” (although other legal issues can sometimes overlap, depending on how an image is used). Copyright in photographs is a big deal in Australia, and even “small” online uses can create real exposure.
One important point: receiving a notice doesn’t automatically mean you’re liable for the amount demanded. But it also doesn’t mean you should ignore it.
How Copyright Works For Photos In Australia (And Why It Catches Businesses Out)
Copyright law protects original works, including photographs. You generally don’t need to “register” copyright in Australia for it to exist - it usually arises automatically when the photo is created.
For small businesses, the most common trap is assuming that:
- “It was on Google so it must be free”
- “It didn’t have a watermark, so it’s fine”
- “A freelancer built our website, so it’s on them”
- “We only used it briefly / we’re a small business”
Unfortunately, those assumptions can still lead to infringement risk. In many cases, using a photo on a website, in an ad, or in an email campaign involves making copies and communicating the work to the public - which are rights typically controlled by the copyright owner.
Do You Always Need A Licence To Use A Photo?
In most business contexts, yes - unless you:
- took the photo yourself (and it’s genuinely your work), or
- paid for the right licence and comply with that licence, or
- have written permission from the owner, or
- the image is genuinely free for business use under its applicable terms (for example, some Creative Commons licences), and you follow those conditions
Also be careful with “free stock image” sites - even where an image is advertised as free, there can be conditions and exceptions. If you rely on a licence, you should be able to prove what licence applied at the time you downloaded the image.
What If A Contractor Or Marketing Agency Posted The Image?
This is common. Even if a third party uploaded the photo, the business named on the website (or running the campaign) can still be targeted because it benefited from the use and controlled the platform.
This is why it helps to have clear agreements with contractors about IP ownership, licensing, and who is responsible if a claim arises. For example, if you engage a developer or marketer, consider documenting deliverables and IP rights clearly in a contract (many businesses do this as part of their broader Contract Drafting process).
The first goal is to protect your position while you work out what’s actually happened. Try to avoid rushing into admissions, payments, or aggressive replies.
1) Don’t Ignore The Notice (But Don’t Reply Emotionally)
Even if the email feels threatening or unfair, ignoring it can escalate things. At the same time, a fast reply like “Sorry, we stole it” (or similar) can create an unnecessary written admission.
A calm, factual approach is best.
2) Preserve Evidence (Before You Take The Image Down)
Your instinct might be to delete the image immediately. In many cases, removing it is sensible - but before you do anything, preserve evidence so you can assess your exposure and respond properly.
We often suggest capturing:
- the URL(s) where the image appears
- screenshots of the webpage showing the image in context
- when it was published (if you can tell from your CMS history)
- how you obtained the image (emails, invoices, downloads, contracts)
- any relevant licensing terms (and the date you accessed them)
This helps you (and your lawyer) understand what occurred and respond consistently.
3) Identify Which Photo They’re Referring To (And Whether It’s Still In Use)
Sometimes the screenshot shows an older version of a webpage, a cached copy, or an archived page. It’s important to confirm whether:
- the image is still live
- it appears in more than one location (blog posts, banners, product pages)
- it’s being used on social media, ads, or emails
It’s also worth checking if it’s in your website theme or template - where one image can appear across many pages.
4) Work Out Whether You Had A Licence (Or Another Defence)
Ask internally:
- Did we buy this image from a stock image provider?
- Did a photographer provide it as part of a project?
- Did a staff member take it?
- Did our agency supply it?
If you had a valid licence covering your use, your response strategy may be very different than if the image was sourced casually online.
How To Assess The Claim: Key Questions Before You Pay Anything
Small businesses often feel pressured to pay quickly “to make it go away”. But before you pay, it’s worth stepping through a few practical questions.
Is The Claim Actually About Copyright (Or Something Else)?
Most photo use claims are copyright-based. But occasionally, issues can overlap with:
- misleading or deceptive conduct concerns (for example, if an image implies an endorsement that doesn’t exist)
- consumer law issues (for example, if an image misrepresents a product)
- privacy or publicity-related concerns (for example, if an identifiable person’s image is used in a way that suggests endorsement, or if other laws apply)
From a business risk perspective, it’s helpful to keep your marketing compliant broadly - including under the Australian Consumer Law (ACL). If you’re dealing with a claim and also reviewing your website content generally, it can be useful to sanity-check your broader marketing and website compliance so one issue doesn’t turn into several.
Do They Provide Evidence Of Ownership Or Authority?
A practical question (and a reasonable one) is whether the sender has the right to enforce the claim.
You can look for:
- the photographer’s name and proof they are the creator (or the rights holder)
- evidence the sender is authorised to act for the rights holder
- identification of the specific image and where it was used
If anything is unclear, it’s usually appropriate to ask for clarification.
What Exactly Are They Demanding?
Some notices demand a “licence fee”, others a “settlement”, and some mention legal costs. Don’t assume the amount is fixed or automatically enforceable.
To assess the demand, you’ll often need to consider:
- how long the image was used
- how it was used (hero banner vs small blog image vs internal document)
- whether the image was used commercially (ads, landing pages) or informationally
- whether the use was attributed (attribution doesn’t replace a licence, but it can be relevant context)
- whether the demand reflects a realistic market licence fee (sometimes it does, sometimes it doesn’t)
Could Your Business Have A Defence Or Reduced Exposure?
This is where tailored legal advice matters, because defences can be fact-specific.
Depending on what happened, issues that can affect liability or quantum (how much is payable) may include:
- whether your use falls within a licence you already held
- whether the claimant can prove ownership and infringement
- whether the image was actually published by you (or by a third party outside your control)
- whether the image is original enough to be protected (rarely a winning argument, but sometimes relevant)
- whether the demand is disproportionate to the actual use
Even where infringement is likely, many matters are resolved through sensible negotiation rather than litigation.
How To Respond (Without Making Things Worse): A Practical Step-By-Step Approach
Once you’ve gathered the basics, you’ll usually move into response mode. Here’s a practical way to do that as a small business.
Step 1: Prepare A Short, Neutral Response
A response can acknowledge receipt, request details, and state you’re investigating - without admitting liability.
For example, the tone is generally:
- We’ve received your notice.
- We are investigating the circumstances of the alleged use.
- Please provide further information about ownership/authority and the basis of the amount claimed.
- We will respond substantively by .
This keeps things professional and buys time to get your facts straight.
Step 2: Stop Further Use If Appropriate
If you can confirm the image is unlicensed, it’s often sensible to remove it while you investigate (and to stop using it across marketing channels).
But remember: take evidence first, and consider whether removal could affect your ability to confirm what was used, where, and for how long.
Step 3: Investigate Internally (And With Your Suppliers)
This may involve:
- checking your website CMS media library for upload details
- contacting your web developer or marketing agency for sourcing records
- checking invoices for stock image subscriptions
- checking whether the image appears in older website backups
If a contractor supplied the image, it might also be time to tighten your standard agreements going forward (including IP and liability clauses). Many businesses also implement clearer internal rules for content use as part of broader workplace policies (for example, a Workplace Policy framework that covers marketing/content approvals).
Step 4: Consider Negotiation (If A Payment Is Appropriate)
If you’ve confirmed the image was used without permission, it may be commercially sensible to resolve it via settlement rather than allow it to escalate.
Negotiation points can include:
- requesting a breakdown of how the settlement amount was calculated
- comparing the demand against a typical licence fee for that image type
- explaining the scope and duration of the use (factually)
- seeking a lower amount for inadvertent use and prompt removal
- ensuring any settlement includes a release of claims for past use
If you do settle, make sure the settlement terms are clear. Businesses sometimes pay an invoice and later find there’s no formal release - meaning uncertainty remains.
Step 5: Get The Right Legal Help If The Matter Escalates
If the claim is large, repeated, unclear, or includes threats of legal proceedings, it’s worth getting advice early.
A quick review can help you:
- understand whether the claim is valid
- respond in a way that doesn’t accidentally admit liability
- negotiate a practical resolution
- reduce the risk of repeat issues by improving your internal processes
Many small business owners find it helpful to have their broader website and content practices reviewed at the same time - including the contracts and terms that sit around the website. Depending on your setup, this might include your Website Terms and Conditions and your Privacy Policy, so your overall web presence is legally consistent.
How To Prevent Photo Copyright Claims In Future (Without Killing Your Marketing)
Most businesses don’t set out to infringe copyright - it happens because marketing is fast-paced and content is everywhere.
The aim isn’t to stop using images. It’s to use them with a system that reduces risk.
Build A “Proof Of Licence” Habit
For every image used in your business (website, ads, socials), you ideally want to be able to answer:
- Where did we get it?
- What licence applies?
- What are we allowed to do with it (commercial use, edits, attribution)?
- Where is the proof (invoice, email, licence page screenshot, download record)?
A simple folder in your cloud drive labelled “Image licences” can save you a lot of stress later.
Use Clear Agreements With Creatives And Contractors
If a designer, photographer, or agency supplies images, don’t leave IP permissions as a handshake assumption.
Get it in writing:
- who owns the images
- what licence you receive
- where you can use them (website, paid ads, print, third-party platforms)
- whether you can edit or crop them
- whether you can keep using them after the engagement ends
This can sit within a broader services agreement, so expectations are clear from the start.
Train Your Team (Because Most Issues Start With A Quick Download)
Even one well-meaning team member can accidentally create a problem by grabbing an image from the internet for a blog post or event banner.
Consider a simple internal rule like:
- only use images from approved sources
- store licence proof at the time of download
- don’t use competitor or media images unless you have clear permission
- when in doubt, ask for approval
If you have employees, it can also help to ensure you have clear employment documentation and policies around role responsibilities and compliance. For many small businesses, this starts with a solid Employment Contract and practical workplace policies around marketing and content.
Be Careful With User-Generated Content
If customers send you photos (for testimonials or “customer spotlight” posts), you should still get permission to repost them - and be mindful that the customer may not own the copyright if a professional photographer took the shot.
A short written permission (even via email or a form) can make a big difference.
Check Your Website Content For Other Legal Risks While You’re At It
Copyright claims can be a useful prompt to do a wider legal “tidy up”. Small businesses often discover they also need to update:
- website terms (limitations of liability, acceptable use, content rules)
- privacy and marketing permissions
- customer terms (payment, cancellations, refunds)
If your business charges cancellation fees, for example, it’s worth making sure your position is consistent with consumer law principles. Many businesses document this clearly in their customer terms to reduce disputes later.
Key Takeaways
- When you receive an image copyright notice, searches for PicRights in Australia often reflect a broader issue: image rights enforcement and photo copyright compliance for businesses.
- Don’t ignore a notice, but also don’t rush into admissions or payment - first preserve evidence and confirm the facts.
- Check whether you had a valid licence (or permission) and whether the sender has authority to make the claim.
- A careful, neutral response can buy time to investigate while protecting your legal position.
- If settlement is appropriate, negotiate with clarity - and aim to document a release so the issue is genuinely resolved.
- Prevent future claims by using approved image sources, keeping proof of licences, and tightening your contractor agreements and internal policies.
If you’d like help responding to an image copyright claim or tightening your marketing and website legal protections, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
