What are my rights if I used a copyrighted image on my UK website without knowing it was licensed?

Question from Paul, What are my rights if I used a copyrighted image on my UK website without knowing it was licensed?

Answer from AI:

In the UK, copyright law is governed by the Copyright, Designs and Patents Act 1988. This law protects original artistic works, including photographs, from being used without the permission of the copyright owner.

Understanding Copyright Infringement

If you have used a copyrighted image without permission, even unknowingly, you may be infringing on the copyright owner’s rights. This is true regardless of whether you have profited from the use of the image or not.

Your Rights and Possible Actions

Upon receiving a notice of copyright infringement, you have several options:

• Remove the image: The simplest way to resolve the issue is to remove the copyrighted image from your website immediately.
• Dispute the claim: If you believe that you have not infringed on the copyright, you can dispute the claim. This could be the case if you believe the use of the image falls under ‘fair dealing’ exceptions, such as for the purpose of criticism or review. However, these exceptions are quite limited and specific, and it’s recommended to seek legal advice before pursuing this route.
• Negotiate a settlement: If the copyright owner is demanding payment, you may be able to negotiate a settlement. This could involve paying a reduced fee, or agreeing to purchase a license for future use of the image.

Seeking Legal Advice

It’s important to note that this information is general in nature, and the specifics of your situation could significantly impact your legal rights and obligations. Therefore, it’s recommended to consult with a legal professional who can provide personalized advice based on your circumstances.

Preventing Future Copyright Infringement

To avoid future copyright infringement, consider the following steps:

1. Always assume that an image is copyrighted unless you can confirm otherwise.
2. Use images from reputable sources that clearly state the licensing terms.
3. When in doubt, seek permission from the copyright owner before using an image.

For more information on UK copyright law, you can visit the UK Government’s guide on exceptions to copyright and the UK Copyright Service’s guide to UK copyright law.