What if tomorrow you get a message titled “Unauthorised image use” claiming a €340 “compensation”? It already happened to us: a formal image-rights claim with a case portal and a warning that removing the photo doesn’t close the case. We use that real case as a starting point to show, step by step, how to verify if the notice is legitimate, what to check in your licenses, when it makes sense to negotiate (and on what terms), the 5-year legal limit for damages, and where a claim could be filed in the EU. In a few minutes, you’ll have a clear method to protect yourself, regularize, and close the matter without overpaying.
1) What a copyright claim email usually contains
While the sender can vary (rights managers, law firms, stock agencies), the typical format includes:
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Subject + case reference number.
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Key warning: removing the image does not close the case.
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Access to a portal or link with evidence (screenshots, URLs, detection dates).
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Requested amount (often resembles a retroactive license + a possible surcharge for past use).
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Escalation notice if you don’t reply by the deadline.
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Contact details and legal notes (e.g., GDPR).
2) 30-minute checks (before replying or paying)
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Authenticity: confirm the sender’s domain and that links point to a secure (HTTPS) portal.
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Evidence: log in with the reference, download screenshots, URLs, and dates for your internal file.
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Identify the work: verify which image it is, where it appears, and since when.
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Your license: look for invoice/order ID in your accounts (Shutterstock, iStock, Freepik, etc.) and confirm commercial use and territory.
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Quick risk scan: if unsure, use a checker (e.g., Image Copyright Checker) to see whether the image shows up on paid stock sites or elsewhere and get a risk level (High/Medium/Low).
3) What to do if you have a license
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Gather proof: provider, order/download ID/date, license type, and scope (commercial/territorial).
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Reply attaching it and ask for closure of the file for the listed URLs.
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In many cases, the matter is archived at that point.
Helpful background on responsibility and basic defenses 👉 Can I be sued for image copyright on my website?
4) What to do if you don’t have a license (or can’t find it)
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Remove or replace the image promptly (this limits the claim period).
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Ask for a breakdown of the amount (license, admin, period, territories).
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Propose a retroactive license that includes an explicit waiver of further actions for the same uses/URLs.
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Negotiate the figure based on:
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Age of the use and immediate cessation.
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Non-exclusivity/low distinctiveness of the image.
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Low visibility/actual traffic of the page.
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Cooperation and good faith.
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Real-world ranges and examples 👉 Fines for Using Copyrighted Images — What You’ll Pay
5) Plain-English legal framework (Spain/EU)
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Damages (Spain): the rightholder can seek injunction (cessation) and damages. Damages are often calculated as hypothetical remuneration (what a lawful license would have cost) or as economic consequences (loss + infringer’s profit). They may include investigation costs and moral damage.
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Limitation period: as a rule, 5 years to claim damages from when the rightholder could have brought the action. If the work is still online, they can claim the last 5 years and also seek cessation.
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Where could they sue (EU):
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Defendant’s domicile (e.g., Spain) → allows claiming global damage.
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Place of damage (accessibility in a Member State) → the court can address damages limited to that territory.
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6) How numbers are set (and why they look like a license)
It’s common for the proposed amount to mirror a reasonable license fee for that image/use/period, with or without a surcharge for past use. Factors that move the number:
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Market tariff (Getty/Shutterstock/agency).
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Duration of unlicensed use.
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Territory and commercial purpose.
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Visibility (actual page traffic) and exclusivity of the image.
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Conduct of the recipient (swift removal, cooperation).
7) Ultra-short reply templates (adapt as needed)
A) You have a license
Subject: Ref. [case no.] – License verification / closure request
We attach proof of license (provider, ID/date, type and scope). We request closure of the case regarding the listed URLs.
B) No license (aiming to regularize)
Subject: Ref. [case no.] – Proposal for amicable regularization
We have removed/replaced the image. Please provide a breakdown of the amount (license/admin/period/territories) and proof of authority. We propose a retroactive license with a waiver of further actions for the same uses/URLs.
8) Prevention: how not to end up here again
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Inventory active images (site + social).
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Origin tags: own, purchased, royalty-free, AI (with documents).
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Central archive of invoices, IDs, and download links.
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Periodic audits, prioritizing high-traffic pages.
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Tools:
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One-off checks: Image Copyright Checker (online) → free report with High/Medium/Low risk.
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Mass audits on WordPress: plugin to bulk-analyze, tag origin, and store licenses within the Media Library.
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Wrap-up
Our real case is just the opening example, but the roadmap applies to any similar claim: verify, document, license or negotiate wisely, and close with legal certainty. The best defense is prevention (inventory, documentation, and the right tools).
This article is informational and does not constitute legal advice. For your specific case, consult an intellectual-property attorney.


