Copyright Compliance: Safeguarding Your Creations in the Digital Age

1. Why Proper Image Use Matters

Using an image without proper rights can lead to copyright infringement claims, trademark disputes, and costly legal battles. Many businesses assume that images found online are “free to use,” but in reality:

1. Copyright law protects original images, even if no watermark or copyright notice is visible.

2. Trademark law applies when an image includes a recognizable brand name, logo, or product.

3. Licensing agreements may impose restrictions on how an image can be used commercially.

A single unauthorized image can result in thousands of dollars in damages, takedown demands, or litigation. To avoid these risks, businesses should have a formal review procedure in place before posting any third-party content.

2. Image Posting Checklist: Do You Have the Rights?

Before posting an image on your website, social media, or marketing materials, ask these key questions:

Step 1: Identify the Image Source

• Did the image come from a stock photo website (e.g., Shutterstock, Adobe Stock)?

• Was it licensed or purchased for commercial use?

• If it was found via Google Images, does it explicitly allow free commercial use? (Most don’t!)

Step 2: Check for Copyright or Licensing Restrictions

• Is the image under a Creative Commons license, sometimes referred to as CC0? If so, does it require attribution?

• Does the image have editorial use only restrictions? (Common for celebrity and news photos.)

• Was the image obtained through a vendor or marketing partner? If so, was proper permission given?

Step 3: Review for Trademark Issues

• Does the image contain branded products, logos, or recognizable business trademarks?

• Are you implying an endorsement by featuring a brand without permission? (This can lead to a false endorsement claim!)

• Could the image confuse consumers about your affiliation with a company? (Trademark law prohibits this!)

Step 4: Ensure Proper Documentation

• If you hired a photographer, do you have a signed rights transfer agreement?

• If using user-generated content (UGC), do you have written permission from the creator?

• If the image features identifiable people, do you have a signed model release? (Required for commercial use!)

3. What Happens If You Get a Cease-and-Desist or Demand Letter?

If you receive a copyright or trademark infringement notice, do not ignore it—this can escalate the issue. Instead:

1. Contact an attorney immediately—waiting could lead to increased damages or legal fees.

2. Remove the image promptly if there’s a clear violation. However, admitting fault without legal review can be risky.

3. Negotiate a retroactive license—some copyright holders will agree to a reasonable settlement.

4. Evaluate your internal policies to prevent repeat issues and avoid additional legal exposure.

4. Establish a Review Process to Protect Your Business

To avoid legal headaches and financial losses, companies should have a structured approval process before posting images. This includes:

• Training employees on copyright and trademark risks.

• Creating a company-wide checklist for content approval.

• Using only licensed, purchased, or original images for marketing.

• Consulting with legal counsel if an image’s rights are unclear.

Need Legal Help? We Handle Trademark & Copyright Disputes

Trademark and copyright lawsuits can be expensive, time-consuming, and damaging to your brand’s reputation. If you’re facing an infringement claim—or want to proactively protect your business—contact us today. Our team regularly helps companies avoid costly disputes and develop best practices for legal compliance.