Several SME clients have approached us over the past few months, raising concerns after receiving copyright infringement notices for images used on their websites or other publicly accessible marketing materials.
These letters often come from companies that use AI bots to scour the internet for potential copyright issues. Some claims are valid, but many aren't. Unfortunately, some companies seem to be using this AI-driven process to scare businesses into paying up, whether or not the claim is legitimate.
In this article, we'll explain more about how these AI-powered copyright searches work, what you can do to protect your business from being targeted, and steps to take if one of these letters ends up in your inbox.
How AI Bots Are Shaking Things Up in Copyright Claims
Some companies now use AI bots to scan the internet for images that might be used without permission. These bots are designed to detect duplicate images by running rapid, large-scale searches across websites and online platforms. Because they're powered by AI, they can carry out these scans incredibly quickly and flag potential copyright issues in minutes. However, the speed of these searches often comes at the cost of accuracy, leading to a high number of false positives. As a result, businesses sometimes receive copyright infringement letters based on errors in the bot's detection. However, many are pressured into settling and, in some cases, paying out thousands rather than challenging the claim—even when they believe they're in the right.
Tips to Avoid Copyright Infringement Claims
Here are some basic steps to help reduce your risk:
- Double-Check Image Licensing: Make sure any image you're using is licensed properly. This could be a stock photo you paid for, or an image licensed directly from the creator. Also, be careful with "free" images online; check for any specific restrictions or licensing requirements.
- Consider Public Domain Options: Where possible, use images in the public domain or those with expired copyrights. In the UK, most works fall into the public domain 70 years after the creator's death.
- Assume All Content is Protected: Unless you're sure, assume any image, video, or piece of content you find online is subject to copyright. Just because something is publicly available doesn't mean it's available for others to use it. Taking this extra precaution can go a long way in avoiding unwanted claims.
What to Do if You Get a Copyright Infringement Letter
If a copyright claim does come your way, here's how to approach it:
- Stay Calm: First and foremost, don't panic. Read the letter carefully and avoid rushing into any payments or admissions.
- Get Legal Advice Early: Copyright issues can be tricky, so it's a good idea to get professional advice from the start. A quick consultation can give you the confidence to respond the right way and avoid common pitfalls.
- Verify the Claim: Check if the letter includes enough information to identify the image in question. You'll also want to confirm that the claimant has the legal right to make this demand. Are they the copyright holder or an exclusive licensee?
- See Where You Stand: Do you already have a licence for the image, or does it fall under an exception, like fair dealing for commentary or research? If so, that may put you on solid ground. You will likely need professional help to be sure.
- Ask for Proof of Ownership: Politely request proof of copyright ownership. This can filter out any baseless claims and signals that you're taking the matter seriously.
- Negotiate – Carefully: If you determine that the claim has some validity, you might consider negotiating a fair licence fee. Remember, you're not admitting fault, but showing that you're open to resolving the matter reasonably. Again you should seek professional support to avoid making any admissions that come back to bite you later.
Originally published November 13, 2024.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
