What to Do If You Get A PicRights Copyright

You’re busy running your business, updating your website or posting on social media, and then an unexpected email lands in your inbox: a PicRights copyright infringement letter.

It can feel intimidating - especially if it includes screenshots of your website, references to “unauthorised use”, and a demand for payment within a short timeframe.

Don’t panic. These letters are common, and there are practical, legally sensible steps you can take to protect your business (without making the situation worse).

This guide explains what a PicRights copyright infringement letter usually means in New Zealand, what to do first, how to assess your risk under the Copyright Act 1994, and how to respond in a way that puts you in the best position to resolve the issue.

This article is general information only and isn’t legal advice. If you’ve received a letter and you’re not sure what to do next, it’s worth getting advice tailored to your circumstances.

What Is A PicRights Copyright Infringement Letter?

A PicRights copyright infringement letter is typically a notice alleging that your business has used an image online without the permission of the copyright owner (or without a valid licence).

In practice, this usually relates to images appearing on:

your business website (including blog posts);
your online store pages (product collections, banners, category headers);
your “About” or “Contact” pages;
your social media pages (depending on how the claim is framed); and/or
third-party platforms where your business content appears (for example, a directory listing that pulls images from your website).

These letters commonly include:

identification of the image(s) in question;
where the image was found (a URL and screenshots);
an allegation that use was unauthorised;
a demand that you remove the image(s); and
a request for payment (often described as a settlement amount, fee, or compensation).

Receiving a letter doesn’t automatically mean you’ve “done something wrong” in the way people often assume. Copyright law has nuances - and the right response depends on how the image was sourced, who owns it, how it was used, and what evidence exists on both sides.

If you want targeted advice for your situation, it may help to speak with an Intellectual Property Lawyer early, before you respond in writing.

Why Small Businesses Receive These Letters (Even If You Meant No Harm)

Most small businesses aren’t deliberately copying content. What we see more often is that images get used through normal, everyday business activity - and the “paper trail” behind the image isn’t clear.

Common scenarios include:

1. Someone Grabbed An Image From Google

This is the classic risk. Just because an image is easy to find online doesn’t mean it’s free to use. Copyright usually exists automatically when an original work is created, and permission is generally required to reproduce it.

2. A Web Designer Or Marketing Contractor Added Images

Your website may have been built by someone else, or content may have been uploaded by an agency, a virtual assistant, or a freelancer. If your agreement doesn’t clearly cover who provides licensed images (and how licensing is documented), your business can end up exposed.

Where you outsource web work, a tailored Website Development Agreement can reduce risk by setting out who is responsible for sourcing images and keeping proof of licences.

3. You Used A “Free” Image But The Licence Didn’t Cover Your Use

Some image sources have restrictions (for example, requiring attribution, prohibiting commercial use, or limiting use to certain contexts). If the licence terms weren’t followed, a claim may still arise.

4. The Image Came From A Supplier, Partner, Or Customer

You might have been given an image by someone else (for example, a supplier product shot or a customer testimonial photo). If they didn’t have the rights to provide it, the issue can still land with you as the publisher.

5. Old Content Was Copied Across When You Rebranded Or Rebuilt Your Site

During a redesign, old blog posts and images can be migrated without checking the original licence details. Years later, the image is still live - and your business is the one being contacted.

The key point is this: copyright issues are often about process, not intent. Your next steps should focus on preserving evidence and making careful decisions.

What To Do Immediately After Receiving A PicRights Copyright Infringement Letter

When you receive a PicRights copyright infringement letter, your first steps matter. The goal is to avoid accidental admissions, protect your evidence, and stop any ongoing exposure while you assess what’s going on.

Step 1: Don’t Ignore It (But Don’t Reply Immediately Either)

Ignoring copyright correspondence can increase the risk of escalation. At the same time, firing off a quick reply like “Sorry, I didn’t know” or “We found it on Google” can accidentally admit key legal points.

Give yourself space to investigate first.

Step 2: Preserve Evidence

Before you change anything, collect and save:

the email/letter and any attachments;
the URLs referenced;
screenshots of where the image appears on your site;
backend evidence (CMS upload details, page edit history, media library info);
any invoices, emails, or messages from designers/marketers about imagery; and
any licence documents or receipts for stock images.

This evidence helps you work out whether you’re actually exposed - and it also matters if you need to negotiate a settlement amount or dispute the claim.

Step 3: Consider Taking The Image Down (Carefully)

Often, removing the image is a sensible step to stop further alleged infringement. But do it after preserving evidence.

If the image appears across multiple pages (or in theme files), make sure you remove it everywhere you reasonably can. You may not be able to control third-party caching (for example, search engine caches), but you can still remove the image from your own site and platforms and take reasonable steps to prevent it being served again.

Step 4: Work Out Who Uploaded It

Ask internally:

Was the image uploaded by you, a staff member, a contractor, or an agency?
Was it part of a website template?
Was it reused in marketing materials?

Even if another person uploaded it, your business may still be the party that needs to respond - so you’ll want clarity fast.

Step 5: Get Legal Advice Before You Settle Or Admit Anything

Whether you should pay, negotiate, dispute, or request more information depends on the facts. Getting help early can prevent your business from paying more than necessary (or agreeing to terms that create future risk).

For support with a copyright dispute or settlement negotiations, a targeted Copyright Consult can be a practical first step.

How To Assess Whether You Actually Infringed Copyright In New Zealand

In New Zealand, copyright is governed primarily by the Copyright Act 1994. Copyright protects original works (including many photographs and digital images) and generally gives the copyright owner exclusive rights to copy and communicate the work to the public.

To assess your position, you’ll usually want to work through a few core questions.

1. Is The Image Copyright-Protected?

Many images used online are protected by copyright - especially photographs, illustrations, and graphics that involve skill and effort. Copyright protection generally exists automatically; registration isn’t typically required in New Zealand.

2. Who Owns The Copyright (And Do They Have Standing)?

One of the first practical checks is whether the party complaining (or the party they claim to represent) actually has authority from the copyright owner to enforce the rights.

That doesn’t mean the claim is wrong - it just means you shouldn’t assume it’s correct without verifying the chain of rights.

3. Did You Have A Licence Or Permission?

Common ways a business might have permission include:

a paid stock image licence;
written permission from the photographer/creator;
a licence bundled into a design or branding package;
permission under a supplier agreement (less common, but possible); or
an internal content library where your business commissioned the images.

If you do have a licence, the detail matters: the licence may limit where and how you can use the image, and whether it can be used for commercial promotion.

4. Are Any Exceptions Likely To Apply?

New Zealand copyright law contains limited exceptions (often called “permitted acts”). These can include things like fair dealing for criticism/review or reporting current events, but they’re context-specific and not a blanket permission for business marketing.

For most small businesses using images to promote products or services, an exception is less likely to apply - but it’s still worth checking the exact use case, especially if the image was used in a genuinely editorial or informational way.

5. How Was The Image Used (And For How Long)?

When it comes to settlement demands, the practical factors that often affect outcomes include:

how prominently the image was used (banner image vs small thumbnail);
whether it was used commercially (marketing) or editorially (blog/news);
how long it was live;
whether it appeared on multiple pages;
whether the image was modified/cropped; and
the size of your audience and the nature of your business.

This is also where keeping good website legal documentation can help. For example, having well-drafted Website Terms And Conditions can support your broader website governance (even though terms won’t “override” copyright law, they can set clear rules about content use, user uploads, and third-party material).

How To Respond To A PicRights Copyright Infringement Letter (Without Making Things Worse)

How you respond to a PicRights copyright infringement letter can directly affect whether the matter resolves quickly or escalates.

Your response strategy will usually fall into one of three pathways:

you accept you infringed and want to settle (but you still want fair terms);
you’re unsure and need more information before taking a position; or
you dispute the claim (for example, because you had a licence or the image isn’t theirs to enforce).

1. Start With A Calm, Businesslike Reply

Even if you’re frustrated, keep your tone neutral. Anything you write could be forwarded, relied on, or used later in negotiations.

A careful response often includes:

acknowledging receipt;
confirming you’re investigating;
requesting specific information (see below); and
avoiding admissions of liability until you’ve checked your documents.

2. Ask For Information (If It Hasn’t Been Provided)

If the letter doesn’t clearly establish the basis for the demand, you can request details such as:

evidence of copyright ownership or authority to enforce the image;
the original source of the image (where it was first published);
the specific rights allegedly infringed (copying, communication to the public, etc.);
how the settlement amount was calculated; and
what use they allege occurred (including dates and URLs).

This isn’t about being difficult - it’s about making sure you’re negotiating from facts, not assumptions.

3. Be Careful About “We Didn’t Know” Or “Our Contractor Did It”

It’s completely normal for business owners to want to explain what happened. The issue is that explanations can unintentionally become admissions.

Also, from a rights-holder’s perspective, “our contractor uploaded it” doesn’t necessarily resolve liability - the image was still published on your business channels.

If you do need to address third-party involvement, focus on what you’re doing now (investigating, removing the image, preserving evidence) rather than attributing blame in a way that weakens your position.

4. If You’re Going To Settle, Treat It Like A Commercial Negotiation

Many claims resolve by settlement. If you choose that pathway, you’ll want to think beyond the dollar amount and consider:

What exactly are you paying for? (past use only, or also a future licence?)
Does the settlement include a release? (so the issue can’t be re-litigated later for the same use)
Is confidentiality required?
Does it cover all uses? (for example, website + social)
Is the timeframe realistic?

This is where proper drafting matters. Even a short settlement document can have long-term consequences if it’s vague or one-sided.

5. Avoid Reusing The Image “One Last Time”

Sometimes businesses take an image down from a website but keep using it in ads or emails (or re-upload it later once the dust settles). That can create fresh risk and undermine any settlement discussions.

If you need imagery urgently, switch to content you clearly own or have a documented licence for.

If you collect or publish personal images (for example, client photos, event photos, or testimonials), it’s also worth checking your consent process. A tailored Photography Consent Form can help reduce disputes about permission to publish images of people (which is a different issue to copyright ownership, but often comes up at the same time).

How To Prevent Copyright Claims In The Future (A Simple System For Small Businesses)

Once you’ve dealt with a PicRights copyright infringement letter, it’s worth putting a basic system in place so you’re not dealing with the same stress again in six months.

The goal isn’t perfection - it’s a workable process that your team can follow consistently.

1. Create An “Image Register” For Your Business

This can be a simple spreadsheet that tracks:

image filename (as stored in your CMS);
where it’s used (page URL, campaign, platform);
source (who created it / where it was purchased);
licence type and restrictions;
date obtained; and
proof of licence (receipt, email, link to terms).

This makes responding to any future allegation much faster and cheaper.

2. Tighten Up Your Contractor And Agency Arrangements

If a contractor uploads content for you, your contract should clearly cover:

who is responsible for sourcing licensed images;
whether AI-generated images are allowed (and on what terms);
what warranties they give about non-infringement;
what evidence they must provide (receipts, licence links); and
what happens if a third-party claim arises.

If you need your contractor relationships cleaned up more broadly, it may be worth using a tailored Freelancer Agreement (or a similar services contract) so ownership and licensing obligations are crystal clear.

3. Make Sure Your Team Knows The Rule: “If We Can’t Prove It, We Can’t Use It”

Most copyright risk in small businesses comes from casual content decisions made quickly.

A simple internal rule helps:

If there’s no proof of licence or ownership, don’t upload it.
If the image was “found online”, treat it as high risk until verified.
If the image was supplied by someone else, get it in writing that they have the rights to provide it.

4. Use Clear Website Policies (Especially If Users Upload Content)

If your business allows user-generated content (reviews with photos, marketplace listings, community submissions), you should clearly set expectations about copyright and permitted use.

That’s where a tailored Privacy Policy and your website terms can work alongside your internal processes - particularly if you’re collecting images and storing them as part of your platform or marketing.

5. Consider Adding Copyright Notices Or Disclaimers Where Appropriate

Disclaimers don’t magically remove liability for infringement, but they can help clarify what content belongs to you and what permissions apply, especially for content you publish across multiple channels.

For some businesses (particularly those publishing educational content, templates, guides, or blog material), a tailored Copyright Disclaimer can be part of a broader IP protection approach.

Key Takeaways

A PicRights copyright infringement letter usually alleges your business used an image online without a valid licence or permission, and it often includes a settlement demand.
Don’t ignore the letter, but don’t respond too quickly - preserve evidence first, including screenshots, URLs, licence records, and communications with contractors.
Removing the image can be a smart step to limit ongoing risk, but do it after you’ve saved proof of what was published and when.
Assessing your position in New Zealand involves checking copyright ownership/authority, whether you had a licence, how the image was used, and whether any exception might apply under the Copyright Act 1994.
If you settle, treat it like a commercial negotiation - make sure the terms clearly cover what you’re paying for and include an appropriate release to reduce future risk.
The best long-term protection is a simple content system: keep an image register, tighten contractor agreements, and use only images with documented rights.

If you’d like help responding to a PicRights copyright infringement letter, negotiating a settlement, or tightening your content and contractor arrangements, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

What To Do If You Get A PicRights Copyright Infringement Letter In NZ