PicRights Claim: How to Respond to a Photo Licence Demand

A letter received by thousands of businesses

Many companies receive letters from PicRights, or similar bodies, aimed at collecting licence fees for the use of allegedly protected photographs. These letters state that a "protected" photo has been used on your website or materials, and demand payment of a licence fee of several hundred euros.

What is striking about these letters: the body takes care not to mention that the recipient may consult a lawyer. And if you do not respond, the invoice grows exponentially.

To understand the legal basis of such claims, see our page on intellectual property law.

Is a photo "protected" by PicRights really protected?

Not necessarily. And this is often where the first line of defence lies.

Copyright protection of a photograph is not automatic: it requires showing the originality of the work, that is, that the photo reflects the author's personal creative input, beyond its mere technical aspects (standard framing, neutral lighting, banal subject).

PicRights or its principals are not always able to prove this condition. Do not hesitate to ask them to establish concretely how the photograph in question meets the originality criterion.

Do not be intimidated by the peremptory tone of these letters.

The defence options available

Each claim is different and there is no universal answer. However, several lines of defence can be explored depending on the situation:

• Challenge the originality of the photograph: ask PicRights to show that the photo meets the criteria for copyright;
• Check ownership of the rights: is the body really mandated by the author or the legitimate rights holder?
• Analyse the terms of use: did the photo come from an image bank with a licence granted, even implicitly?
• Assess limitation periods: depending on the date of use, an infringement action may be time-barred;
• Negotiate the amount: even where liability is established, the amounts claimed are often excessive and negotiable.

These situations sometimes also fall under unfair competition and free riding.

My support in the face of PicRights claims

I have already assisted clients who received this type of claim, by challenging the protection invoked or by negotiating an amicable resolution. Each situation is different and no result can be guaranteed.

Have you received a letter from PicRights?

Do not respond hastily and do not pay without having analysed the situation. Contact me for an initial analysis of your matter.

All case studies