My Business Was Served a Copyright Demand Letter for an Image on Our Website. Now What?

Written by the business law team at Littleton Legal, a Tulsa-area firm based in Broken Arrow.

The letter arrives on official-looking letterhead: a photograph on your website allegedly infringes someone’s copyright, and the sender demands thousands of dollars. Maybe you have never seen the image before. Maybe a web designer added it years ago.

As business attorneys serving Tulsa and Broken Arrow companies, we see this scenario regularly. Entire firms now exist to find unlicensed images online and send demand letters on behalf of photographers and stock agencies. Here is how to respond with a clear head.

Is a Copyright Demand Letter a Scam?

Usually not, though verification is the right first step. Some letters are phishing attempts, but many come from legitimate enforcement firms representing real copyright holders, and copyright protection applies to a photograph whether or not it displays a copyright notice.

The safest assumption is that the letter deserves a serious, measured response. What it does not deserve is panic, or a payment sent before anyone has reviewed the claim.

Am I Liable If My Web Designer Added the Image?

Yes, your business can be responsible for content on its own website even if someone else placed it there. Copyright infringement does not require intent, so “we didn’t know” is not a complete defense, though innocent infringement can matter when damages are calculated.

This surprises many business owners, and it is why your agreements with web designers and marketing vendors matter. A well-drafted contract addresses who is responsible for licensing the content they provide, just as your other business documents allocate risk before a problem arises.

What Should I Do After Receiving the Letter?

Preserve everything, remove the image, and have an attorney review the claim before you respond or pay. Do not ignore the letter, because federal copyright law allows statutory damages that can significantly exceed the initial demand. Do not admit fault in a reply, and do not assume the demanded amount is fixed, because these figures are frequently negotiable.

Gather your records: where the image came from, any license or subscription your business held, and your contract with whoever built the site. Those documents often change the conversation entirely.

How Do I Prevent the Next Letter?

Use licensed or original images, keep proof of every license, and put content responsibility in writing with your vendors. An hour of documentation practice costs far less than one demand letter, and it lets your business build its brand with confidence.

At Littleton Legal, we help Tulsa and Broken Arrow businesses respond to copyright claims, review vendor agreements, and build sound content practices. Schedule a consultation online or call us at (918) 608-1836.

Frequently Asked Questions

Should I just pay the amount in the copyright demand letter?
Not before the claim is reviewed. Some demands are inflated, some claims are weak, and settlement amounts are frequently negotiable. An attorney can assess the claim’s validity and often resolve it for less.

If I delete the image from my website, does the claim go away?
No. Removing the image stops ongoing infringement, which is worth doing promptly, but it does not erase liability for the period the image was displayed.

Is my business liable if a web designer or employee posted the image?
Generally, yes. A business is typically responsible for content on its own website. Your contract with the designer may give you recourse against them, which is one reason vendor agreements deserve careful drafting.