Understanding the Legal Landscape: What Does Copyright Infringement Mean?

In today’s digital world, the ability to right-click and save an image from virtually anywhere on the internet can make it dangerously easy to commit copyright infringement without even realizing it. Whether you’re running a personal blog, launching a business website, or managing social media for your company, using images found online without proper authorization can result in serious legal consequences. But what does copyright infringement actually mean?

At its core, copyright infringement occurs when someone uses a protected work—like a photo, video, song, or written content—without the copyright owner’s permission. Copyright arises automatically the moment an original work is created and fixed in a tangible form. You don’t have to register it, label it, or even tell anyone about it. If it’s original and captured in a fixed medium, it’s protected.

This is why so many unsuspecting businesses and individuals find themselves “caught off guard” after receiving a cease-and-desist letter or demand for payment. That innocent-looking stock image you pulled from a blog post or Pinterest board may, in fact, be protected by copyright—and its use without permission can come with a financial cost.

 

The Rise of Accidental Infringement in the Digital Age

With billions of images circulating across websites, social platforms, and search engines, the lines between public access and legal use are often blurred. It’s no surprise that more people—especially small businesses and startups—are finding themselves on the receiving end of a copyright infringement claim after unknowingly using an unauthorized photo.

Some of these claims may come from large stock image companies or professional photographers who routinely monitor the web for unauthorized uses of their work. Others might be initiated by law firms representing copyright holders, demanding not just removal of the image, but monetary compensation.

While the situation can feel overwhelming, it’s essential to remain calm and informed. Not every demand is valid, and even when there is legitimate infringement, there are ways to resolve the issue that don’t involve lawsuits or crippling damages.

 

The Legal Backbone of Copyright in the United States

Since joining the Berne Convention in 1989, the United States no longer requires creators to register their works or display a copyright notice in order to claim copyright protection. That means every photograph, graphic, or illustration you encounter online might already be legally protected, even if it lacks a visible © symbol.

Unlike trademarks, where ownership arises from use in commerce, copyright law automatically grants creators exclusive rights to reproduce, display, and distribute their works. However, while registration is not necessary for ownership, it is a prerequisite for suing for infringement in federal court. This means that even if a creator’s work is protected, they must register that work with the U.S. Copyright Office before they can file a lawsuit seeking damages.

 

What Happens When You Get an Infringement Letter?

Let’s say you receive a formal letter from a law firm or rights management company alleging that you’ve used a copyrighted image without authorization. The letter may demand that you take the image down and pay a fee for past use. Some letters may also include threats of legal action if you don’t comply.

It’s natural to feel a wave of panic—but don’t ignore it. The best course of action is to take the claim seriously and respond thoughtfully. Removing the image immediately is often a good first step, but it may not resolve the issue entirely, especially if the copyright owner seeks damages or compensation for legal fees.

At this point, consulting a qualified intellectual property attorney is critical. At Cohn Legal, PLLC, our team helps clients evaluate the legitimacy of these letters and navigate the proper response. We assess whether the image in question is indeed protected, whether the sender has the legal authority to enforce the claim, and whether their demand for payment is reasonable.

 

Determining the Validity of the Claim

Not all copyright infringement notices are created equal. Some are sent in good faith by actual rights holders or their attorneys. Others are mass-generated threats that may overstate the case or exploit recipients who don’t know their rights.

A few critical questions can help determine whether a claim is legitimate:

  • Is the photo in question actually the one used on your website?

  • Does the sender clearly identify the copyright owner and show they’re authorized to act on the owner’s behalf?

  • Has the image been registered with the U.S. Copyright Office?

While registration is not required for ownership, it is required for a federal lawsuit. However, even without a registration at the time of sending the letter, the copyright owner can still file an application—and once registered, pursue enforcement in federal court. Additionally, they may opt to bring a small claim through the U.S. Copyright Claims Board (CCB), which has more flexible rules.

 

What If You Didn’t Know It Was Infringement?

Many people who commit copyright infringement do so unintentionally. They may believe that an image found through a Google search is free to use, or that citing the source is enough to protect them. Unfortunately, these assumptions don’t hold up under U.S. copyright law.

While accidental infringement may not carry the same weight as willful infringement, it’s still infringement. The law does allow for reduced statutory damages—sometimes as low as $200—if the infringer can show that they had no reason to believe their actions constituted a violation. That said, ignorance of the law isn’t always a valid defense.

In many cases, courts and copyright holders will weigh your actions once you’re made aware of the issue. If you act in good faith, remove the image promptly, and attempt to resolve the matter reasonably, you’re far less likely to face severe penalties.

 

What Are Reasonable Damages?

If you’ve used a copyrighted photo without permission and the owner makes a claim, it’s common for them to request payment. But how much should that payment be?

In a perfect world, the amount requested would reflect the standard licensing fee that the copyright owner would have charged had you asked for permission up front. For example, if the photographer usually licenses their work for $250 per use, then a request for that amount—perhaps plus some reasonable attorney fees—would make sense.

Unfortunately, some copyright holders and law firms take a more aggressive approach. They may cite the statutory damages range of $750 to $30,000 per infringement, or more if they allege willfulness. However, those figures are maximums allowed under federal law and are rarely awarded in cases of accidental use—especially where the infringer cooperates and removes the image without delay.

This is where legal guidance is invaluable. An experienced copyright attorney can help negotiate a more appropriate settlement, based on the facts of the case and your level of culpability.

 

Alternatives to Federal Lawsuits: The Copyright Claims Board

In 2022, the U.S. introduced the Copyright Claims Board (CCB), a tribunal designed to handle smaller-scale copyright disputes more affordably than traditional litigation. The CCB can hear claims up to $30,000 in value and requires only a pending application for copyright registration to begin proceedings.

If you receive a CCB notice, you have the option to opt out—forcing the copyright owner to bring a federal lawsuit instead, where registration is mandatory and legal costs are significantly higher. Whether to opt out depends on the facts of your case and should be discussed with an attorney.

The CCB is intended to provide an efficient forum for resolving disputes like the accidental use of copyrighted images. It’s less formal, but still a serious process that can result in enforceable decisions.

 

Best Practices: Avoiding Infringement Altogether

The most effective way to avoid copyright infringement is to develop a proactive approach to content use. Avoid downloading or copying any image from the internet unless you are absolutely certain of your rights to use it.

When in doubt, use reputable stock photo services that clearly license images for commercial use. Many platforms, such as Shutterstock, iStock, and Adobe Stock, offer clear licensing terms. For those on a tighter budget, sites like Unsplash and Pexels provide free-to-use images with generous license terms—but even then, it’s wise to double-check the fine print.

Educate your team—especially web developers, marketers, and content creators—about copyright law and proper sourcing. A single employee dragging and dropping an image onto a web page can create an expensive legal headache.

 

How Cohn Legal, PLLC Can Help

If you’ve been accused of copyright infringement—or simply want to avoid it in the future—Cohn Legal, PLLC is here to help. Our team of experienced attorneys specializes in intellectual property law and routinely assists clients with copyright compliance, infringement defense, and fair licensing practices.

Whether you need representation to respond to an infringement letter or guidance in creating a safe content strategy, we’re ready to provide personalized, practical legal advice that protects your business and reputation.

 

Final Thoughts

Being caught off guard by a copyright infringement claim is stressful—but it doesn’t have to be devastating. With the right legal support and a willingness to correct the mistake, most accidental infringement cases can be resolved fairly and efficiently.

Remember: just because an image is accessible doesn’t mean it’s free. The internet may feel like a public commons, but copyright law still governs the content we encounter. Taking the time to understand and respect those boundaries is the best way to protect yourself, your business, and the rights of creators everywhere.