How To Respond To PicRights Australia Copyright Demands

If your business has received a copyright infringement email or letter from PicRights Australia Pty Ltd, you’re not alone. Many small businesses hear from PicRights after using an image they found online - often in a blog post, on a product page, or in a social media update.

It can be stressful, especially if you didn’t realise the image was protected by copyright or you thought it was “free to use.” The good news is that there’s a clear, practical way to respond and reduce your risk.

In this guide, we explain who PicRights Australia is, why you might have been contacted, what to do next, and the legal steps you can take to protect your business going forward.

What Is PicRights Australia Pty Ltd?

PicRights Australia Pty Ltd acts as an agent for photographers, visual artists and image libraries to monitor online use of their images and pursue copyright compliance. They use image recognition tools to find unauthorised uses across websites and social platforms, then contact businesses to request that you pay a licence fee or settlement for past use, and remove the image if you don’t have permission.

In most cases, the correspondence is not a court document - it’s a demand to settle a potential copyright claim without litigation. Still, it’s important to take the matter seriously and respond promptly and professionally.

Are PicRights Letters Legitimate Or A Scam?

PicRights Australia isn’t a scam, but every claim should be checked carefully. Sometimes the image is indeed owned by a client they represent; other times, there may be a case of mistaken identity, a licensed use, or an image that’s actually free to use under a valid licence.

A few quick checks can help you validate a claim:

• Confirm the image match. Compare the image in the letter to what appears on your site or social post (including crops and edits).
• Check dates. When was the image used and for how long? Screenshots or web archives can help establish timelines.
• Verify rights. Do you have a licence from a stock library, a photographer, or an agency? Was it included in a template, theme or marketing pack? Keep any receipts or licence terms handy.
• Assess ownership. Some images have multiple rights holders (e.g. photographer and agency). Ensure the party contacting you has authority to act.

If anything doesn’t add up, or if you do hold a valid licence, you can respond with your evidence. If you’re unsure, getting help from an Intellectual Property Lawyer can save time and reduce your risk of paying more than you should.

What Should My Business Do If We Receive A PicRights Australia Demand?

Stay calm and work through the issue systematically. Here’s a practical, step-by-step approach.

1) Do Not Ignore The Letter

Ignoring correspondence can escalate the situation and increase costs. Read the letter carefully, note the deadlines, and diarise a response date.

2) Preserve Evidence

Before changing anything, take date-stamped screenshots of the page, the image, and any attribution you included. Save invoices, emails, and licence terms if you purchased the image, used a stock library, or outsourced your website or marketing.

3) Remove The Image (If Unclear On Your Rights)

If you can’t immediately confirm that you have permission to use the image, take it down (or replace it) while you investigate. This helps limit ongoing exposure.

4) Verify Ownership And Authority

Ask PicRights for proof that they represent the rights holder and that the work is protected by copyright. You’re entitled to information that substantiates the claim, including the specific image, the rights holder, and the period of alleged infringement.

5) Assess Liability And Exposure

In Australia, copyright protects original photographs automatically. If you used a protected image without permission, liability can arise even if the use was unintentional. However, the appropriate settlement amount depends on factors like:

• The typical licence fee for the image and your use (commercial vs non-commercial, how long, where it was displayed)
• Whether you promptly removed the image on notice
• Any mitigating factors (e.g. you relied on a contractor who misrepresented licensing)

6) Respond Professionally (And Negotiate Where Appropriate)

It’s common to negotiate the settlement figure, especially if the initial demand exceeds a reasonable licence fee for your actual use. Provide your evidence succinctly and request a fair resolution, such as paying a retrospective licence fee that reflects market rates.

If you engaged a web designer or marketing contractor who supplied the image, you might seek contribution from them depending on your contract terms. Having a clear Service Agreement or Contractor Agreement that addresses IP sourcing and liability will make this conversation much easier.

7) Get Legal Help If The Claim Is Complex Or Pressured

If the claim value is high, you’re facing tight deadlines, or you believe the demand is inflated, it’s wise to get advice. A lawyer can review the claim, prepare a tailored response, and handle negotiations to reach a practical settlement. Where necessary, they can also advise on sending or replying to a formal notice or cease and desist correspondence.

Key Legal Issues To Consider Under Australian Copyright Law

Understanding the basics will help you decide how to respond and how to prevent issues in future.

Copyright Arises Automatically

In Australia, copyright in photos and artistic works arises automatically when the work is created. There’s no need to register. The copyright owner has the exclusive right to reproduce and communicate the image to the public, including publishing it online.

Licensing Is Essential

If you didn’t create the image, you generally need a licence to use it. Licences set out what you can do (for example, online use only, no social reposting, time-limited use, attribution required). If you need flexibility, make sure your licence actually covers it - or obtain a broader licence. Where you commission a photographer or agency, use a written Copyright Licence Agreement so your rights are crystal clear.

Attribution And Moral Rights

Authors and photographers have “moral rights,” including the right to be attributed. If your licence requires attribution, ensure it’s clearly displayed. Failing to attribute properly can create additional risk, even where you otherwise have permission to use the image.

Fair Dealing Is Narrow

Fair dealing exceptions (for example, for news reporting or criticism and review) are strictly limited and rarely apply to routine business marketing. Don’t rely on fair dealing to justify using images in promotional content without a proper licence.

Contracting And Agency Risks

Many issues arise when a contractor or freelancer grabs images from the internet without permission. Your agreements with suppliers should make clear who is responsible for sourcing properly licensed content and who bears the cost of any infringement claims. Well-drafted Terms of Trade or a Consulting Agreement can allocate this risk.

How Much Should We Pay? Typical Factors In Negotiating A Settlement

Businesses often ask whether the figure quoted in a PicRights letter is negotiable. While every case is different, these factors commonly influence the outcome:

• Market licence fee: What would a fair, arm’s-length licence have cost for your specific use (duration, page views, geography, placement)?
• Duration of use: Short-term use may justify a lower amount than multi-year homepage placement.
• Commercial impact: A small, low-traffic blog post is different to a national ad campaign.
• Mitigation: Prompt removal on notice and cooperative engagement usually helps.
• Multiple images or repeated use: More works or repeated posts can increase exposure.

If you believe the initial demand exceeds a reasonable retrospective licence fee, you can propose a lower, evidence-based figure. Document your reasoning and attach any supporting material (e.g. comparable stock image pricing). If the tone escalates or you’re unsure how to frame your position, consider engaging an Intellectual Property Lawyer to negotiate on your behalf.

How To Prevent PicRights Problems In The Future

Prevention is always better than cure. A few practical changes can significantly reduce your risk.

Establish A Clear Image Sourcing Policy

Decide how your team will source images (e.g. approved stock libraries, commissioned photography, or in-house production) and set rules around licences, attribution and record-keeping. Make sure your marketing partners follow the same process.

Keep Licence Records

Create a central register of licences, receipts and permitted uses for each image. Keep track of expiry dates, attribution requirements and restrictions (e.g. no social media or no promotional use). Good records make it much easier to respond to any claim.

Use The Right Website Legal Documents

Publish clear Website Terms and Conditions and, if your site allows user uploads, set rules for user-generated content (including warranties that uploads don’t infringe others’ rights). If your platform or app has different functionality, you may also need Terms of Use tailored to your service.

Consider A Copyright Notice Or Disclaimer

Adding a copyright notice can help set expectations around re-use of your content, and a tailored Copyright Disclaimer can help position your site’s policies on third-party materials. These don’t replace licences, but they are sensible hygiene measures.

Get Photo/Model Releases When You Create Your Own Content

If you produce your own imagery featuring identifiable people, obtain written permission to use those images in your marketing. A robust consent or release form (for example, a photography/video consent tailored to your use) prevents later disputes about rights and scope.

Beware Web Scraping And “Found Online” Content

Grabbing images from the internet is risky. Even if an image is widely shared, copyright usually still applies. If your team uses automated tools or scraping to collect content, understand that web scraping raises both copyright and contract issues - ensure you have a lawful basis before using assets this way.

Commissioned Content? Lock Down The IP In Writing

When you pay a designer or photographer, don’t assume you own the image. Make sure your contract clearly assigns IP to you or grants the exact rights you need for your business. A customised Copyright Licence Agreement keeps things clear and reduces the chance of disputes later.

Frequently Asked Questions About PicRights Australia

Can We Just Credit The Photographer Instead Of Paying?

Attribution is separate from copyright. If you don’t have a valid licence for your specific use, credit alone doesn’t fix the underlying infringement. In some cases, you can negotiate a retrospective licence instead of a higher settlement, but that is separate from attribution.

What If A Contractor Supplied The Image?

You may still be responsible if the image appears on your site or marketing materials. That said, your contract may allow you to seek reimbursement from the contractor. This is where strong supplier terms or a clear Consulting Agreement can be valuable, because it sets out who bears the risk of third-party IP claims.

What If The Image Came With A Website Theme Or Template?

Some themes include demo images that aren’t licensed for live commercial use. Always check the theme’s licence terms and replace demo images with content you’re licensed to use. Keep proof of any included licences in your records.

Do We Need To Register Copyright In Australia?

No. Copyright arises automatically in original images and other creative works. If you want to protect your brand elements (like your logo or business name), that’s a separate IP right - registering a trade mark can be a smart move to protect your brand identity.

What Legal Documents Can Help Protect Our Business?

Putting the right documents in place will reduce the chance of future copyright headaches and put you in a stronger position if issues arise.

• Copyright Licence Agreement: Sets the terms on which you license images from creators, agencies or contractors, so permitted uses are clear. Consider a tailored Copyright Licence Agreement for commissioned or supplied content.
• Website Terms And Conditions: The rules for using your website, including IP ownership, acceptable use and user-generated content obligations; see Website Terms and Conditions.
• Terms Of Use (Apps/Platforms): If you operate a platform or app, bespoke Terms of Use help manage IP warranties, takedown procedures and repeat infringer policies.
• Contractor Or Consulting Agreement: Ensures suppliers promise to deliver only properly licensed content and indemnify you for breaches. Start with a solid Contractors Agreement or Consulting Agreement.
• Copyright Disclaimer/Notice: Signals how your content may be used (or not) and sets takedown expectations; see Copyright Disclaimer.

If you’re unsure which documents fit your setup, our team can recommend a package that suits your risk profile and the way your business uses images.

Key Takeaways

• PicRights Australia contacts businesses to resolve alleged unauthorised image use; don’t ignore their letters, but verify every claim.
• Respond methodically: preserve evidence, remove the image if you’re unsure about rights, check ownership, and negotiate based on a fair retrospective licence.
• Copyright in photos arises automatically in Australia, and fair dealing usually won’t cover marketing or commercial website use.
• Put preventative measures in place: an image sourcing policy, licence records, and the right contracts with suppliers and contractors.
• Strong website terms, clear IP licences and supplier agreements significantly reduce your infringement risk and help you handle any future claims quickly.
• If the claim is complex or the demand seems inflated, getting advice from an Intellectual Property Lawyer can help you reach a practical, cost‑effective resolution.

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