Copyright and your website
It is no surprise that scams are a growing presence in the online ecosystem. So it is understandable if you receive an unsolicited email from a sender “PicRights” and believe it to be one of those scams. It is not a scam, but it is also not a cause for alarm.
Are you actually infringing anyone’s copyright?
Technically, yes. Copyright subsists in the author of the work. The work in this case is the photograph, and the author is the photographer. And if the photographer took the photo for Reuters (for example), then Reuters is the owner of the copyright.
And unless Reuters gave you a licence to use that photo on your website, you have infringed their copyright.
How do you know if the copyright owner gave you a licence?
If you purchased access to the image from a website such as Shutterstock or Adobe Stock, then you have a licence from the owner.
Why is PicRights asking you to pay money?
The fee PicRights is requesting is in effect a licence fee in arrears which, technically, you ought to have paid before using their image. In this regard, it is a debt you owe to the copyright owner, and PicRights has been retained to collect that debt on behalf of the owner.
Now how do you respond?
First identify the image to which PicRights refers and check if it is in fact on your website. If so, remove the photo from your website. If not, you can contact PicRigths through their website to ask them to particularise or substantiate their allegation. Since it is prudent to never rule out the possibility that something is a scam, it is recommended you do not reply directly to PicRights’ email.
Before you pay any money, please seek legal advice. It is also recommended you contact a lawyer to negotiate for you. PicRights claim to charge less fees to a charity or a not-for-profit but there is always scope to get them to waive any fee. PicRights will present you with a deed of release to protect you against any other claim for the copyright breach, so it is advisable to have that reviewed by your legal adviser.
What to do moving forward.
Ensure you do not use royalty-free images, as this means the proper copyright owner is not getting compensation for you using their intellectual property.