Over the past few months, we’ve been hearing about clients and contacts who have been approached with invoices for images used on their websites – often for content they assumed they had the rights to use. Doubtless to say, this has taken website owners by surprise, particularly if the image has been on the website for a number of years.
We believe this is worth highlighting and want to explore why it’s happening, along with a few practical steps you can take to audit your website content and reduce the risk of future claims. Consider this a timely reminder to do a bit of housekeeping on your website!
Why are image claims on the rise?
Several factors may be contributing to this rise in copyright claims:
Advanced image recognition technology: Copyright holders now use sophisticated AI and automated systems to scan the internet and identify their images being used without proper licensing. Platforms like Pixsy, Copytrack and ImageRights help photographers and image libraries monitor unauthorised use at scale. These tools can identify even small, edited, or cropped versions of images.
Specialised legal firms: There’s been growth in law firms that specialise in pursuing copyright infringement cases, often working on contingency fee arrangements with photographers and stock image companies. This has been the main cause in the cases that have been brought to our attention.
Licensing can be misunderstood: It’s easy to assume that an image found online or provided by a third party is fine to use. However, even “royalty-free” or “free to use” images often have restrictions. We know of one client who had bought an image from a royalty-free website only to find it had been sold on. Over time, they had lost the original licence agreement and had to pay the new fee.
Licence terms may have expired or been exceeded: Some licences are time-limited or specific to certain types of use, and continuing beyond those can trigger claims.
Responsibility isn’t always clear: In collaborative projects, images may come from a range of sources – agencies, freelancers, content creators – making it harder to trace licensing documentation. Many people mistakenly believe images found through search engines or social media are free to use, when they actually require licensing.
Economic pressures: In challenging economic times, copyright holders are more aggressively protecting their revenue streams, including pursuing unauthorised image use.
How to protect yourself
To avoid these unexpected invoices:
- Use legitimate sources: Licensed stock photography sites, properly licensed Creative Commons images, or truly free image repositories
- Keep documentation: Maintain records of all image licenses and permissions
- Audit your website: Regularly review all images to ensure you have proper rights
- Educate your team: Make sure everyone involved in content creation understands image licensing
- Consider legal review: For high-visibility projects, have a legal professional review your image usage
What can you do about it?
Here are a few simple steps to get ahead of the issue and reduce the risk of being caught out:
1. Audit the images on your website
Set aside some time to review your website and make a list of the images used, especially those on high-profile or permanent pages like your homepage, blog posts, and news items.
Focus on hero images, banners, team photos, and images that aren’t clearly branded or obviously taken in-house.
Create a spreadsheet with columns like:
- Page address/URL
- Description or image filename
- Source of the image
- Licence details (where it was bought or downloaded from)
- Date of download or licence
- Proof of purchase or permissions (if available)
2. Check the source and usage rights
Where you’re unsure of the origin or permissions for an image:
- Try using a reverse image search (e.g. Google Images or TinEye) to find the original source.
- Look for the image on stock sites (Getty, Shutterstock, Adobe Stock, etc.) to compare licensing terms.
- If no licence or permission can be found, consider replacing the image with one you can be confident about.
3. Organise and store image licences
Going forward, keep a shared folder (Google Drive or Dropbox, for example) to store all licences or download confirmations for any images used. Make sure everyone involved in updating your website knows where this folder is and how to use it.
4. Use trusted sources
It’s a good idea to source your images from reputable libraries ensuring they are clearly licensed for your intended use. Sites like Unsplash, Pexels, or Pixabay offer free images, but always check the current licence. For commercial use, investing in stock photography (or commissioning your own) offers more certainty.
5. If in doubt, swap it out
If you’re not sure whether you’re covered to use a particular image, it’s usually safer to replace it than risk a potential claim.
At HdK, we’re always happy to support clients in reviewing their websites and advising on safe image use. If you’d like help with an image audit or are unsure about any content on your site, get in touch.