Can I Ignore PicRights? Image Copyright Claims In NZ

You’re busy running your business, keeping customers happy, and trying to get your marketing out the door. Then an email lands in your inbox claiming you’ve used a copyrighted image online and need to pay a fee - often with a deadline that makes it feel urgent.

If the message mentions PicRights, you might be wondering: Is this legit? Can I ignore it? What happens if I do?

In New Zealand, image copyright claims can be a real legal risk for businesses - but that doesn’t mean every demand you receive is automatically correct, or that your only option is to pay whatever is being asked.

This article is general information only and isn’t legal advice. If you’ve received a claim and you’re unsure how to respond, it’s worth getting advice on your specific situation.

Let’s walk through what PicRights claims generally involve, how copyright works in NZ, what your practical options are, and how to reduce the chances of this happening again.

What Is PicRights, And Why Are They Contacting My Business?

PicRights is commonly associated with copyright enforcement for online images. In practice, many businesses hear about PicRights when they receive an email alleging that an image used on their website, blog, or social media account is copyrighted and being used without permission.

Usually, the claim will include:

• a screenshot showing the image on your website or social media;
• details of the image’s alleged owner or licensing entity;
• a request that you remove the image and/or pay a settlement amount (sometimes framed as a “licence fee”); and
• a timeframe for responding.

For small businesses, this can be stressful - especially if you didn’t personally upload the image (for example, it was added by a web developer, a former staff member, or an agency).

The important thing to understand is this: ignoring the email may feel easier in the moment, but it can increase your risk if the claim escalates. A better approach is to take a breath, check the facts, and respond strategically.

How Does Image Copyright Work In New Zealand?

In New Zealand, copyright is governed mainly by the Copyright Act 1994. Copyright protects original works, including many images such as photographs, illustrations, graphics, and other visual content.

For business owners, a few key points matter most:

Copyright Is Automatic

Unlike trade marks, copyright doesn’t usually require registration in NZ. If someone creates an original image, copyright protection generally arises automatically.

Owning A Copy Doesn’t Mean You Own The Rights

If you find an image on Google Images, Pinterest, or another website, that doesn’t mean it’s free to use. You might be able to view it, but reproducing it on your business website is a different legal act.

Using Images In Marketing Can Be “Copying” Or “Communication”

Uploading an image to your website, using it in an ad, adding it to a blog post, or posting it on social media can all involve copyright-relevant actions (like copying and communicating the work to the public).

There Are Limited Exceptions (But Don’t Rely On Assumptions)

Some exceptions exist (such as certain forms of fair dealing for criticism, review, or news reporting), but they’re narrow and fact-specific. For typical business marketing use - homepage banners, product pages, “about us” pages, blog thumbnails - it’s usually risky to assume an exception applies.

If you’re unsure whether you have permission to use an image, it’s often worth getting legal advice early, before you respond in a way that unintentionally admits liability.

Can I Ignore PicRights? The Practical And Legal Risks

Many business owners’ first instinct is to ignore a PicRights email, especially if it looks automated or you suspect it’s spam. But if the claim is genuine, ignoring it can create avoidable problems.

Here’s what can happen if you ignore PicRights (or any image copyright claim) entirely.

1) The Claim Might Escalate

You may receive follow-up emails, letters, or contact from another representative. In some cases, matters can be referred to lawyers or a rights-holder may take further steps - but what happens (and how likely escalation is) depends on the specific circumstances.

2) Evidence Can Be Preserved Even If You Remove The Image

Removing the image is usually sensible to reduce ongoing risk, but removal doesn’t necessarily make the issue disappear. Screenshots, web archives, and cached pages can still show past use.

3) Your Response Strategy Matters

If you ignore the claim, you lose the chance to clarify key details early, such as:

• who actually owns the image;
• whether your use was licensed (e.g. via a stock subscription, web agency agreement, or bundled template licence);
• whether the claimed amount is reasonable; and
• whether the image shown is actually the same file and the same work.

4) There Can Be Cost And Distraction If It Turns Into A Formal Dispute

Even if you ultimately resolve it, an escalated dispute can take management time, create stress, and potentially cost more to handle. Handling it calmly and early is often the most efficient approach.

That said: “Don’t ignore it” doesn’t mean “pay immediately”. It means treat it like a business risk you can manage.

What Should I Do If I Receive A PicRights Copyright Claim?

If you receive a PicRights email (or any image copyright demand), the goal is to respond in a way that protects your business without overreacting.

Here’s a practical step-by-step approach that works well for many NZ businesses.

Step 1: Don’t Panic - And Don’t Admit Liability Straight Away

It’s normal to want to “clear it up” quickly. But be careful about sending messages like “Sorry, we didn’t realise” or “Yes, we used it” before you’ve confirmed the facts.

Admissions can make negotiating harder later.

Step 2: Remove Or Disable The Image (If It’s Still Live)

If the image is currently displayed online, consider taking it down promptly while you investigate. This helps reduce ongoing exposure.

However, keep a record of what you removed (e.g. the page URL, where the image appeared, and when it was removed). If you later need to verify what happened, you’ll want your own evidence.

Step 3: Identify Where The Image Came From

Work backwards and gather your internal information. For example:

• Was it added by your marketing agency or web developer?
• Was it supplied as part of a website template?
• Did it come from a stock image account?
• Was it taken by a photographer you hired?
• Was it created by an employee or contractor?

If a contractor created content for you, it’s also worth checking what your contract says about IP ownership and warranties. A properly drafted Contractor Agreement can help allocate responsibility and reduce finger-pointing later.

Step 4: Check Whether You Have A Licence Or Written Permission

Look for:

• invoices or subscription receipts from stock providers;
• email permissions from the photographer/creator;
• terms of the website theme/template;
• agency agreements that say they supply licensed content; and
• any written assignment or licence terms.

If you’re dealing with creative suppliers regularly, having clear terms in place early (like a tailored Service Agreement) can reduce confusion about who’s responsible for licensing assets.

Step 5: Assess The Claim’s Details

Before paying anything, it’s reasonable to check whether the claim provides enough information to verify:

• the specific image (file name, where it appears, screenshots);
• the alleged rights holder (and whether the sender is authorised to act for them);
• the timeframe of alleged use; and
• what the requested amount is based on.

A surprising number of disputes come down to mismatches (wrong image, wrong website, use that was actually licensed, or claims that don’t clearly prove ownership).

Step 6: Respond Strategically (And Consider Getting Advice)

Often the best next step is to respond politely, confirm you’re investigating, and request clarification where needed. If the amount is significant, or you’re unsure about liability, it’s smart to get legal advice before you respond substantively.

Also keep in mind that how you handle the communications can overlap with your broader business risk controls - for example, if you record calls with the claimant or their representatives, you’ll want to be mindful of privacy and consent rules. If this comes up for your team, it’s worth understanding call recording laws in NZ.

How Much Should I Pay (If Anything)? Negotiating And Settling Image Claims

For many businesses, the big question isn’t just “Is this copyright?” - it’s “Is this amount fair, and do I have to pay it?”

There isn’t a one-size-fits-all answer, because it depends on things like:

• whether you had a valid licence;
• how the image was used (commercial homepage banner vs small blog thumbnail);
• how long it was used for;
• whether the use was intentional or accidental (not always a complete defence, but relevant in practice); and
• how strong the evidence is regarding ownership and infringement.

If you did use an image without permission, it may be commercially sensible to resolve it rather than let it drag on. But that still doesn’t mean you should automatically accept the first figure put in front of you.

Negotiation Tips That Often Help Small Businesses

• Ask for a breakdown of how the fee was calculated (licence rate, usage type, timeframe).
• Confirm ownership or authority to enforce rights (who is the rights holder?).
• Explain the context (small business, removed promptly, limited use) without making admissions you don’t need to make.
• Consider proposing a lower settlement aligned with a realistic licence cost (if you would have licensed it legitimately).
• Get it in writing that settlement resolves the matter, including any release language.

Settlements are legal documents in effect - so it’s worth treating them carefully, especially if they include wider statements about your conduct or any ongoing obligations.

If you regularly publish content, it can also be helpful to tighten up your website documentation to reduce future disputes. For many online businesses, good Website Terms and Conditions and a clear Privacy Policy won’t solve copyright issues on their own, but they’re part of having clean, professional online compliance.

How To Prevent Future PicRights Claims: Practical Copyright Hygiene For Your Business

Even if you resolve a PicRights claim, it’s worth using the moment to fix your internal process. Most copyright problems come from “we just needed an image quickly” decisions - not from bad intentions.

Here are some practical steps you can put in place now.

Create A Simple “Approved Image Sources” Rule

For example, your rule could be:

• Only use images we created ourselves; or
• Only use images purchased/licensed through our nominated stock account; or
• Only use images supplied by our agency where they confirm licensing in writing.

This is particularly important if multiple people can upload content (admin staff, marketing contractors, external developers).

Keep Licensing Records (Yes, Even If It Feels Boring)

Save receipts, subscription confirmations, and licence terms. If you’re ever challenged later, being able to quickly prove you had a licence can save a lot of time and stress.

Be Careful With “Free” Images

Some images are genuinely licensed for free use, but the terms can still include conditions (like attribution) and limitations (like “non-commercial use only”). Also, sometimes images are uploaded without the true owner’s permission - which can create a messy situation even if you acted in good faith.

Clarify IP Ownership When Hiring Creatives

If you pay a photographer, designer, or marketing agency, don’t assume you automatically own the copyright in what they produce.

Your agreement should clearly cover things like:

• who owns copyright in created materials;
• whether you receive an exclusive licence or a non-exclusive licence;
• whether they can reuse the work in their portfolio; and
• whether they warrant that any third-party assets are properly licensed.

Where your brand is heavily content-driven, you might also want to think more broadly about IP protections (like trade marks). If you’re investing in your brand identity, it can be worth exploring whether you need a trade mark so you’re protecting the name and logo you’re building recognition around.

Train Your Team (And Make It Easy To Do The Right Thing)

Most “accidental infringement” happens because the compliant option is slow or unclear.

Consider creating:

• a shared folder of licensed images your business can safely use;
• a checklist for posting blog content or launching new pages; and
• a rule that no one downloads images from Google Images for business use.

If you use contractors, having clear onboarding and documented expectations can help avoid problems. The clearer your internal process, the less likely you are to get caught out later.

Key Takeaways

• PicRights claims can involve real copyright risks, so it’s usually not a great idea to ignore them without checking the details.
• In New Zealand, copyright in images is generally automatic, and using images online for marketing can amount to copying or communicating a work to the public under the Copyright Act 1994.
• If you receive a claim, remove the image (if it’s live), gather evidence, and investigate licensing before you respond or pay.
• Don’t admit liability too quickly - the facts (and your existing licences or agreements) matter, and a careful response strategy can save you time and money.
• If settlement is appropriate, it’s often possible to negotiate based on reasonable licensing value and the scope of use, and you should ensure any resolution is properly documented.
• The best long-term approach is prevention: use approved image sources, keep licence records, and put clear contracts in place with anyone creating or uploading content for your business.

If you’ve received a PicRights email (or any image copyright claim) and want help responding in a way that protects your business, we can help. Reach out to our team at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.