How to respond to a copyright infringement letter 

A copyright infringement letter, sometimes called a “cease and desist” or demand notice, can arrive out of the blue. One moment you are pushing ahead with a campaign, the next you are facing claims that the content you used infringes a third party’s rights. It can be disorienting, alarming, and all too common for businesses in the UK. 

What should you do when that letter lands? How can you respond without conceding too much, avoid escalation, and protect your reputation and cash flow? This article walks you through the stages: understanding what you have been sent, checking legitimacy, preserving your position, evaluating the claim, crafting a measured response, negotiating sensibly, and knowing when to bring in a copyright solicitor. 

If you are reading this article because you have received a copyright infringement letter, our copyright lawyer can help. We will assess your position, structure a response, and contain the risk to your business.  

Why have you received a copyright infringement letter? 

In the day-to-day operation of a business, especially a growing one, publishing content fast and at scale is routine. Design and content teams repurpose images, marketing managers recycle blog content, web developers reuse code modules, and social media teams share user-generated photos. Often, that reuse happens under assumptions: “We own this folder,” “We used it earlier for a client,” or “It’s royalty-free, so it’s fine.” 

In reality, copyright risk creeps in when the licence chain is unclear, when assets come via external agencies or freelancers under vague terms, or when original permission was never properly documented. Even older content that is left over from earlier work may later trigger claims when discovered via image-recognition tools. 

For many small and medium-sized businesses, copyright disputes arise not from deliberate infringement, but from human oversight. Marketing departments publish assets rapidly, creative teams repurpose designs, or vendors supply content without transferring full rights. In that environment, the gaps in licences or ownership often go unnoticed until a notice arrives. 

The rise of automated enforcement tools compounds the risk. Software can now scan the web for unlicensed uses, match images or content, and generate demand letters in a matter of hours. Some claims are valid efforts to recoup losses. Others are speculative “copyright enforcement” business models that capitalise on confusion. 

Is the copyright infringement letter genuine and who is behind it? 

Before you respond, you must determine whether the claim is credible or opportunistic. Begin by scrutinising the sender. Does the letter come from the rights-holder directly (for example, the creator or publishing entity), or from a third-party agency or law firm? A legitimate rights-holder will typically provide a company name, registration number, address, contact details and references to the particular work. They should also specify the allegedly infringing use, and state where, when, and how you used the allegedly infringing work. 

Beware of letters that lack specificity or use generic language like “unauthorised use anywhere”. Red flags include demands for cryptocurrency payments, vague references to “penalties” without formula, or directions to pay via anonymous portals. Watch for inconsistencies in dates, names, or versioning of the content in question. 

Keep every message, attachment, and timestamp. Do not edit or delete the material under dispute yet, even if you feel uncomfortable leaving it visible. That evidence may be important later. 

If you are unsure whether the sender is legitimate, consider a quick background check: company registry lookup, online presence, prior claims, or references. If none of this checks out, proceed cautiously. Do not just ignore it, though - seek legal advice from a copyright lawyer.. 

What are the first steps you should take when you reply to a copyright infringement letter? 

Once you have confirmed the sender (or even while you are verifying who it is), your priority is to stabilise the situation so you don’t inadvertently make matters worse. 

First, preserve everything. Save copies of the letter and any attachments, securely archive versions of the content in question (screenshots, source files, backup databases). Avoid altering or removing the material just yet, doing so prematurely may look like destruction of evidence (“spoliation”). Document where and how the disputed content is live: URLs, access logs, version history. 

Next, record deadlines. Most letters will request a response within a fixed timeframe, 7, 14, 21 or 28 days are common. Mark these clearly and set internal reminders. If your workflows demand team coordination (marketing, design, legal), restrict internal messaging to only essential people to avoid accidental statements or contradictory information leaking. 

If you believe the content may infringe, and continuing to display it risks further liability, consider a temporary takedown, but do this only after assessing whether doing so might undermine your evidence or negotiation position. It’s a balancing act. 

Meanwhile, gather everything that may help you respond: licence agreements, supplier contracts, project briefs, emails with creatives, invoices, metadata and historical versions of the content. The sooner this is collated, the easier your next steps will be. Again, seek legal advice from a copyright lawyer if you are unsure. 

Does the copyright infringement claim have merit? 

With your evidence in hand and the situation stabilised, it is time to assess whether the claim is likely to stand up. This is a legal judgment, and you should work with a copyright solicitor to make a judgement on the dispute and the risks involved.  

Start by considering whether the alleged work is even protectable by copyright. Original creative works (photographs, graphics, written copy, design layouts, code) generally qualify, unless they are extremely basic or functional. Also check whether the copyright term has expired (commonly life of the author plus 70 years in the UK). 

Then dive into the nature of the alleged use: was it reproduction? Adaptation? A public communication (e.g. publishing on a website or social media)? What portion of the work was used, and was it substantial? Even copying a small but significant extract (e.g. a company logo or distinctive tagline) can give rise to an infringement claim. 

Next, review your rights. Do you hold a licence (explicit, implied or statutory)? Are there permissions given by earlier owners, agencies or collaborators? Sometimes licences have been transferred or sub-licensed without clear documentation, which is where many disputes arise. At this point, you might discover that the agency or freelancer who delivered your campaign didn’t actually pass the full rights, and you may need to resolve that upstream. 

Also consider whether any fair dealing exceptions or statutory defences might apply under UK law. These are narrow and fact-specific: quotation, reporting current events, incidental inclusion, parody or criticism may apply, for instance. They apply only under certain conditions (e.g. the use is fair, for non-commercial purposes in some contexts, properly attributed, etc.). Be careful here, applying these can be complex and may require legal advice to avoid overreach. 

If, on balance, the claim seems plausible and your documentation is weak, don’t pretend otherwise, but also don’t concede immediately. The goal is to respond in a controlled way. 

How do I respond to a copyright infringement letter? 

At this point you are ready to communicate. The tone should be calm, factual, and firm, never apologetic or defensive. Your response should typically be in writing, within the timeframe stipulated, and preferably on a letterhead or via your professional email. 

Begin by acknowledging receipt of the letter and expressing your intention to investigate. You can request further particulars: clarify which works are asserted, when and where the alleged use took place, the basis for any damage or licence fee calculation, and proof of ownership (chain of title, registrations, prior assignments). This helps shift the burden of clarity onto the sender.  

If you believe you used the work lawfully, whether by licence, implied permission or statutory exception, you can set out your position, referencing supporting evidence. If you believe the claim has merit, indicate willingness to remove or disable the content, and propose opening a discussion on a settlement or licence that is proportionate to the actual use. 

Avoid wide-ranging admissions or overbroad undertakings. Don’t agree to never use “any similar work” in future, or accept open-ended auditing rights over your content. Keep your promises narrow in scope and limited in duration. And always, where possible, ask for confidentiality of settlement terms to avoid exposure or precedent risk. 

Don’t rush to pay. If the sender is open to negotiation, settle only on a figure that’s justified by evidence (your analytics, usage scope, comparable licence rates). And if they demand excessive amounts, push back with a reasoned critique. 

What common mistakes should I avoid when I respond to a copyright infringement letter? 

Some errors are avoidable with foresight. Do not ignore the letter as silence often invites escalation. Do not admit liability or apologise without understanding the facts. Do not delete or “clean up” the content before assessment, that can look like evidence tampering. You should remove the material if it is infringing to avoid an interim injunction. Avoid paying immediately without engaging in due diligence. And never, unless advised, commit to broad undertakings or perpetual restrictions. 

Also, don’t try to negotiate directly with the rights-holder or their creator in an emotionally charged exchange, that can undermine your position. Instead, channel communications via proper process and, when needed, legal representation. 

What you should do once you resolve your copyright infringement dispute 

Once you have responded to the letter or settled the issue, you should take proactive steps to reduce future risk. Audit your content and asset library. Ensure all images, graphics, fonts, code or text have documented, licence-proof chains. Train your team (marketing, design, content) in safe reuse policies. Build into contracts with agencies and freelancers clear licensing and assignment clauses. Embed a rights-check as a step before publishing content. 

Over time, these practices will reduce the likelihood of surprise demands. They also help you respond more confidently if a claim does come. 

Summary 

Intellectual property is a complex area of law and we would recommend seeking the advice of an expert copyright solicitor as soon as you receive a letter of claim so that you can respond promptly and effectively. This will help you to avoid common pitfalls such as admitting liability before getting all of the details required to establish fault, and more importantly give you the confidence that you are in the best possible hands to help you navigate the best possible outcome for you and your business.