Defending Against a Copyright Infringement Notice: Rights, Steps & Defences

Introduction

Publishing content online has never been easier, but with that comes an increased risk of accidentally using material owned by someone else. Whether it’s an image on a blog, a video clip in a social media post, or a piece of text copied from another website, copyright infringement can occur without you even realising it. Unfortunately, “I didn’t know” is not a complete defence under copyright law.

This article explains what copyright is, how accidental infringement occurs, the potential consequences, and most importantly what you should do if it happens to you.

What is Copyright?

Copyright is a form of intellectual property (IP) that protects original works of authorship. In the UK, copyright arises automatically when a qualifying work is created, there’s no need to register it.

Works that attract copyright protection include:

• Literary works (such as books, blog posts and website content);
• Artistic works (such as photographs, graphics, logos and paintings);
• Musical works and sound recordings;
• Films, broadcasts and dramatic works; and
• Software code and databases

The copyright owner has the exclusive right to copy, adapt, distribute or display the work. Using it without permission can amount to infringement, even if the use was unintentional.

How Accidental Copyright Infringement Happens

In the digital age, unintentional infringement is extremely common. Some of the most frequent scenarios include:

Using images from Google or social media	Many people assume that if something is publicly available online, it is “free to use.” In fact, most images, graphics and memes are protected by copyright, and unauthorised use can trigger takedown notices or legal claims.
Sharing videos or music clips	Uploading or embedding videos and music on platforms like YouTube, TikTok or Instagram without permission may breach copyright, even if only a short snippet is used.
Copying text from websites or blogs	Re-using sections of text from another website, even with edits, may still amount to infringement.
Using third-party templates or software	Sometimes digital assets are purchased from unreliable sources, and users may not realise that the seller did not have the rights to distribute them.
Content supplied by freelancers or agencies	Businesses often assume that contractors provide copyright-cleared materials. However, if they sourced content improperly, liability may still fall on the publishing business.

Why “I Didn’t Know” Is Not a Defence

A common misconception is that lack of awareness excuses infringement. Under UK law, copyright infringement is strict liability, meaning that if you use a work without permission, you are infringing regardless of intent.

While the courts may consider whether infringement was innocent when calculating damages, ignorance does not absolve responsibility.

The Consequences of Accidental Copyright Infringement

The consequences of infringement vary depending on the nature of the work used and the rights-holder’s approach. They may include:

1. Takedown notices: Platforms such as YouTube, Facebook and Instagram operate “notice and takedown” systems. Your content may be removed, and repeated infringements can result in account suspension.

2. Cease and desist letters: Rights-holders often issue formal letters demanding removal of the material, an apology, and sometimes payment of a retrospective licence fee.

3. Claims for damages: Copyright owners can pursue compensation. Damages may be based on:

• The actual loss suffered
• A reasonable licence fee (what you should have paid)
• Additional damages if the infringement was flagrant or deliberate

4. Reputational harm: For businesses, being accused of copyright theft can damage credibility and client relationships.

5. Litigation: Although less common in accidental cases, claims can escalate to court proceedings, which are expensive and stressful.

What to Do If You’ve Accidentally Infringed

If you discover that you have used copyrighted material without permission, or if you receive notice of a claim against you, it is important to act quickly and carefully. The first step is to remove the content immediately. Taking down the infringing material shows good faith and may prevent the situation from escalating further.

Once the material has been removed, you should check whether the claim being made is actually valid. Not all copyright complaints are legitimate. For instance, the material might be available under a licence such as Creative Commons, it may fall within a “fair dealing” exception under UK law, or the person making the complaint may not be the true rights-holder.

If, after reviewing the situation, you find that the claim is genuine, it is usually best to contact the rights-holder directly. Acknowledging the mistake and demonstrating willingness to cooperate can go a long way towards resolving the matter. In some cases, it may be possible to negotiate a retrospective licence so that you can continue using the work lawfully.

Throughout this process, it is sensible to keep detailed records. Make a note of when you removed the content and retain copies of any correspondence exchanged with the rights-holder. This evidence could prove useful if the matter develops further.

Finally, if you receive a formal legal letter or a demand for damages, it is advisable to seek legal advice. A solicitor can assess whether the claim is enforceable, explore potential defences, and negotiate on your behalf to achieve the best possible outcome.

How to Prevent Future Infringement

The best approach to prevent future infringement is prevention. Practical steps include:

1. Use royalty-free or licensed images from trusted stock libraries;
2. Check the terms of Creative Commons licences carefully, especially for commercial use;
3. Create original content wherever possible;
4. Train employees and contractors to understand copyright risks;
5. Keep detailed records of all permissions and licences; and
6. Ensure contracts with freelancers confirm that they own or have rights to the materials supplied.

Are There Any Defences?

While infringement is often straightforward, there are limited circumstances where liability may not apply, or damages may be reduced:

1. Fair dealing for criticism, review, parody, or reporting current events;
2. Incidental inclusion, such as artwork appearing in the background of a video; and/or
3. Innocent infringement, where you genuinely had no reason to believe the work was protected.

However, these defences are narrowly applied and should not be relied upon without professional advice.

The Importance of Seeking Professional Advice

Copyright disputes can escalate quickly. Rights-holders or their representatives often adopt an aggressive approach. Obtaining legal advice ensures:

• You do not pay more than necessary to resolve a claim;
• Validity of the claim is properly assessed;
• Settlement negotiations are handled fairly; and
• Preventative measures are put in place to reduce future risk.

Conclusion & How We Can Help

Copyright disputes can be highly complex and often arise unexpectedly. Cases may involve overlapping issues of intellectual property law, contract law, and digital platform policies, together with the interests of photographers, artists, agencies, publishers, and online businesses. Whether the dispute relates to the unauthorised use of images, videos, music, software, or written content, it is important to respond promptly with careful preparation, a clear understanding of your legal position, and an effective strategy. These disputes can be time-consuming, stressful, and financially significant, as well as damaging to your brand and reputation.

Our specialist dispute resolution and intellectual property team has extensive experience in assisting clients with copyright and related matters. We can advise on the validity and strength of a copyright claim, prepare both substantive and procedural defences, and represent clients in negotiations, mediations, tribunal hearings, and court proceedings. We also provide proactive support by reviewing your content, contracts, and publishing processes to minimise the risk of future disputes.

If you require support with a copyright or intellectual property dispute, we offer a no-cost, no-obligation 20-minute introductory call as a starting point. Alternatively, if you prefer more detailed initial guidance, we can provide a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and the seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.

 

VAT is charged at 20%.

This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.

 

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