Avoid Unlicensed Photo Use

Stop Using Images Without a License

Using copyrighted images without permission is a growing legal risk for small businesses, startups, and e-commerce brands. Here's what every business owner needs to know about image rights and copyright law.

Business owners: stop pulling photos from the web for your website or product without a proper license. Lawsuit threats are increasing from lawyers and companies that profit solely by targeting copyright infringement and pressuring business owners into settlements. It doesn’t matter whether you’re a tech founder or a small retail shop—they do not care.

With AI and advanced reverse image search tools, photographers and their reps can now scan the internet for any unauthorized use of their work. It’s easy for them to confirm whether a specific company has a license. Just because an image is online doesn’t mean it’s free to use. This is not like confidential information becoming public; copyright doesn’t work that way.

Photographers automatically receive copyright protection the moment they create their work. But if they register the work with the U.S. Copyright Office, they gain the right to statutory damages. These damages can range widely based on among other things, how long the image was used, whether the infringement was willful or innocent, and whether it was used for commercial purposes.

If the photo wasn’t registered, the copyright holder must prove actual damages—like lost profits or license fees. It’s easier to show damage if the image was used in marketing, especially on commercial platforms like Instagram, TikTok, or e-commerce sites.

What Counts as Copyright Infringement?

Examples of infringement include:

·       Using stock photos without paying for a license

·       Copying images from Google, Instagram or Pinterest

·       Posting vendor-supplied images without written permission

How to Legally Source Photos

·       Buy licensed stock images (e.g., Shutterstock, Getty, Adobe)

·       Use Creative Commons images (e.g., Unsplash, Pexels—with attribution)

·       Hire a photographer or create your own visuals

·       Enter into a License Agreement or include licensing provisions in your existing contracts

There are better and safer ways to source images. Buy a license for the photo you want. If you’re an online retailer or blogger, make sure you have clear rights from all your vendors or photographers to use their product photos in your marketing and on your site. Confirmation in writing is better than nothing, but ideally permission should be granted via a signed contract. Most vendors won’t sue their customers—there’s a built-in incentive to maintain the relationship—but the photographer who licensed the photo to your vendor can still come after you directly.

If you get a cease-and-desist letter or email from a lawyer or image rights enforcement company, don’t ignore it. If you learn you’re infringing, take the image down immediately. The longer you leave it up, the worse your potential liability.

I represent founders, tech companies, and small businesses across corporate legal matters. My job is to build your playbook and draft your contracts so you need me less over time. Reach out with questions: hayley@nivellelaw.com or www.nivellelaw.com