Responding to Picrights Copyright Claims in New Zealand

If you run a small business, chances are you’ve posted an image online at some point. Maybe it was on your website, an Instagram post, a blog header, or even a “placeholder” image you planned to replace later.

Then one day, you receive an email alleging copyright infringement and demanding payment. It can feel intimidating, confusing, and a bit unfair - especially if you didn’t mean to do anything wrong.

These messages are often described as PicRights copyright claims. Whether the claim is valid or not, how you respond matters. A rushed reply (or ignoring it entirely) can create bigger issues later.

Below, we’ll break down what PicRights copyright claims typically are, why they happen, what New Zealand copyright law generally expects from businesses, and practical steps you can take to reduce risk from day one.

What Are PicRights Copyright Claims (And Why Are They So Common)?

PicRights copyright claims generally refer to demand letters or emails sent to businesses alleging they’ve used an image online without permission (or without the correct permission).

These claims often arise because many images are:

• Licensed (not “free”), even if they’re easy to find on Google;
• Owned by professional photographers or image agencies;
• Tracked online using reverse image search technology.

From a small business perspective, it’s easy to see how this happens. Someone on your team might:

• Grab an image from Google Images;
• Assume an image is “public” because it’s on social media;
• Buy a stock image licence but use it outside the permitted terms (for example, using an editorial-only image in advertising);
• Use an image supplied by a contractor, designer, or marketing agency without confirming licensing;
• Reuse an old image from a previous website build.

The tricky part is that copyright infringement can occur even when it’s accidental. Copyright law focuses on whether you had permission, not whether you intended to infringe.

Does Copyright Apply To Images Used On NZ Business Websites And Social Media?

Yes. In New Zealand, copyright protection is generally automatic - creators typically don’t need to register copyright for it to exist. Copyright can apply to photographs, illustrations, graphics, and many digital images you use in your marketing.

For most businesses, the key point is simple:

If you didn’t create the image yourself, you should assume you need permission (a licence) to use it.

In practical terms, copyright owners often have exclusive rights to control things like:

• Copying the image;
• Issuing copies of it to the public;
• Communicating it to the public (including making it available online);
• Creating adaptations or edited versions (where relevant).

So if your business posts an image on your website, uses it in an ad, or uploads it to social media, those acts may require a valid licence.

This is also where business documentation and accountability matter. If you have contractors handling marketing, make sure your agreements clearly state who is responsible for sourcing properly licensed content and what happens if there’s a claim - a properly tailored Contractor Agreement can reduce risk and confusion later.

I’ve Received A PicRights Copyright Claim - What Should I Do First?

When PicRights copyright claims land in your inbox, it’s tempting to either:

• immediately pay (to make it go away), or
• ignore it (hoping it’s a scam or not enforceable).

In most cases, neither is the best first move.

Step 1: Don’t Panic, But Don’t Ignore It

Some claims are legitimate. Some are poorly substantiated. Some might have incorrect details (wrong image, wrong dates, wrong website).

Ignoring a claim can sometimes escalate things, so it’s usually better to take a calm, structured approach.

Step 2: Preserve Evidence

Before you change anything, gather and save:

• The email/letter and any attachments;
• Screenshots of where the image appears (including the URL);
• The date you first used the image (if you can work it out);
• Who uploaded it (employee, contractor, web developer);
• Any licence documentation (invoices, stock library receipts, emails);
• Any communications showing where the image came from.

This information is crucial if you later need to assess whether you had permission, whether the claim is accurate, and what a reasonable outcome looks like.

Step 3: Remove Or Disable The Image (Usually)

As a risk-management step, it’s often sensible to remove the image from public view while you investigate. This won’t necessarily resolve liability for past use, but it can prevent ongoing exposure.

Be careful not to admit liability in the process. You can take it down while still reserving your position.

Step 4: Check Whether You Actually Had A Licence

Many disputes come down to licensing terms. For example:

• You had a stock image licence, but it didn’t allow commercial use;
• You had a licence for one website, but used it across multiple brands;
• The licence was in a contractor’s name and didn’t extend to you;
• The image was “free” but required attribution, which wasn’t given.

If the image was added by an external supplier (like a designer or agency), it may also be a good time to review your website and marketing contracts so responsibilities around third-party content are clearly documented.

Step 5: Consider Getting Legal Advice Before Replying

Your response can affect what happens next. A lawyer can help you:

• assess whether the claim is likely to be enforceable in your circumstances;
• request further evidence (without making damaging admissions);
• negotiate a practical settlement if appropriate;
• avoid agreeing to terms that are broader than necessary.

Are PicRights Copyright Claims Enforceable In New Zealand?

There isn’t a one-size-fits-all answer here - it depends on the facts, the evidence, and who is making the claim.

A copyright claim is more likely to be enforceable if:

• The claimant can show the image is protected by copyright;
• The claimant has standing to enforce (as the owner, exclusive licensee, or an authorised agent acting for the rights holder);
• Your business used the image without permission;
• The use was connected to business activity (for example, marketing, promotions, or commercial website use).

However, some claims may raise questions like:

• Ownership: who actually owns the copyright in the image?
• Authority: does the sender have authority to act for the rights holder, and can they prove it?
• Evidence: do they have clear evidence your business used the image, for how long, and in what context?
• Jurisdiction and process: if the rights holder is overseas, what steps would be required to pursue the claim in New Zealand?
• Quantum: is the amount demanded reasonable in light of typical licence fees and the actual use?

It’s also worth keeping in mind that disputes can escalate. If the communication starts to look like a formal legal demand or you’re being threatened with proceedings, you’ll want advice quickly - an Intellectual Property Lawyer can help you assess your position and respond strategically.

Common Mistakes NZ Businesses Make When Responding To PicRights Copyright Claims

When you’re busy running a business, it’s easy to respond quickly and hope it resolves the problem. But a few common mistakes can make things worse.

1. Admitting Liability Too Early

Even a simple sentence like “Sorry, we didn’t realise we weren’t allowed to use it” can be interpreted as an admission.

You can be polite and cooperative without conceding liability. If you need to communicate, keep it factual and neutral.

2. Paying Without Understanding What You’re Agreeing To

Some demands include settlement terms that go beyond payment, such as broad releases or confirmations about past conduct.

Before paying anything, check:

• What exactly the payment covers (one image? multiple uses? past and future?);
• Whether you’re being asked to sign an agreement;
• Whether the amount is consistent with realistic licensing rates;
• Whether the claimant has provided sufficient evidence.

3. Assuming “We Found It Online” Is A Defence

Unfortunately, “it was on Google” doesn’t mean it’s free to use. Search engines display content, but they don’t grant rights to reuse it commercially.

4. Blaming Your Designer Or Marketing Contractor Without Checking Your Contracts

If someone else uploaded the image, you might have a separate claim against that supplier - but from the copyright owner’s perspective, they may pursue the business that published the image.

This is why it helps to have properly drafted service agreements in place with creatives and agencies, such as a tailored Service Agreement that sets clear responsibilities around IP, licensing, and indemnities.

5. Not Fixing The Underlying Process

Even if you resolve one issue, the same risk can pop up again if your team is still pulling images from random online sources.

It’s much cheaper to implement a basic “image compliance” workflow now than to deal with repeated claims later.

How Can You Prevent PicRights Copyright Claims? A Practical Checklist For Small Businesses

The best way to deal with PicRights copyright claims is to reduce the risk of them happening in the first place. Here are practical steps you can put in place without turning your marketing team into full-time lawyers.

1. Build A “Proof Of Licence” Habit

For every image used online, your team should be able to answer:

• Where did it come from?
• Who created it?
• What licence do we have (and what does it allow)?
• Where is the evidence saved?

A simple shared folder (with invoices, screenshots of licence terms, and supplier emails) can make a huge difference.

2. Use Licensed Stock Libraries (And Read The Terms)

Stock images can be great, but licences vary. Some limit:

• commercial use;
• use in paid ads;
• use on merchandise;
• editing and manipulation;
• how many times or where the image can be used.

If you’re unsure, it’s worth getting advice before a major campaign goes live.

3. Get Clear IP Terms With Designers, Developers, And Agencies

If you pay someone to create or source content, don’t assume your business automatically owns it or has unlimited rights to use it.

Your contracts should clearly cover:

• who owns copyright in created works;
• what licence you receive (exclusive vs non-exclusive, worldwide vs NZ-only, term limits);
• who is responsible for ensuring third-party assets are properly licensed;
• who bears the risk if a third-party claim is made.

As your business grows, this also connects to broader protection strategies like trade marks - because your brand assets go beyond images. If you’re investing in brand identity, a Trade Mark is often part of the bigger picture of protecting what you’ve built.

4. Train Your Team On “Copyright Basics”

You don’t need a complicated policy, but you do need consistency. A quick internal guide can help your team understand:

• what not to do (e.g. copying from Google Images);
• where approved images are stored;
• who signs off on image use;
• what to do if a claim is received.

If you have staff handling social media or marketing, having a clear employment framework can also help with accountability and expectations - an Employment Contract can be tailored to include appropriate policies and obligations around company systems and IP processes.

5. Keep Your Website’s Legal House In Order

Copyright complaints sometimes come alongside broader compliance risks. If you’re collecting personal information through your website (contact forms, email marketing, accounts), make sure you also address your privacy obligations under the Privacy Act 2020.

A properly drafted Privacy Policy won’t stop an image claim, but it’s part of building a professional, compliant online presence - and it helps protect you from other types of complaints.

Key Takeaways

• PicRights copyright claims typically involve allegations that your business used an image online without the right permission or licence.
• Copyright can apply to images on your website, social media, ads, and marketing materials - and infringement can happen even if it was accidental.
• If you receive a claim, take a structured approach: preserve evidence, check licensing, consider removing the image temporarily, and avoid making admissions too early.
• Some claims may be enforceable in New Zealand, but validity and the amount demanded depend on the facts, the evidence, and the licensing position (including whether the sender has authority to enforce).
• You can reduce the risk of future claims by keeping proof of licences, tightening contractor/agency agreements, and setting a simple internal workflow for image sourcing and approvals.
• Getting your legal foundations right from day one makes your marketing more confident and your business more resilient as you grow.

This article is general information only and isn’t legal advice. If you’d like help responding to a PicRights copyright claim or tightening up your IP and contracts, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.