How to Deal With a Letter from PicRights Alleging Copyright Infringement

Authors: Zeinab Farhat & Petro Kaloterakis, Progressive Legal

Have you recently found a rather official-looking letter in your mailbox or inbox from an entity called “PicRights”? You’re not alone. Many journalists, bloggers, and website owners have been on the receiving end of these letters, coming from big names like Reuters or Agence France Presse through PicRights.

These letters almost follow a template but are slightly tweaked to address you directly, claiming you’ve stepped on the copyright toes of their clients by posting an image online without the proper license, and now they want you to pay up.

So, what does this mean? Is PicRights the copyright police or is something else at play? How should you respond if you get one of these letters? Here are the essentials.

Is PicRights a legitimate business?

First things first: PicRights isn’t a law firm, and the person sending the letter isn’t a lawyer. They’re pretty upfront about it, actually. The letter itself will tell you, “PicRights is not a law firm and I am not a lawyer.”

So, what are they? Think of PicRights as the debt collectors of the copyright world. They’re in the business of tracking down instances where their clients’ copyrighted works have been used without permission and asking – nicely or not so nicely – for a fee.

They do this by scouring the internet with what we imagine are highly sophisticated bots, looking for images belonging to their clients that have been posted without authorisation. It’s not uncommon for people to receive multiple letters from PicRights for various images in one go.

But here’s the million-dollar question: Is PicRights legit? While the internet is a wild west of claims and accusations, nothing concrete points to PicRights being a scam. Their website shows a roster of high-profile clients like Reuters and the Associated Press.

So, it’s probably wise to take their letters seriously and consider getting legal advice.

How do I respond to the letter?

Received a PicRights letter? The first thing you might want to do is panic. But hold on. The next, and most crucial step, is to seek legal advice before you do anything else. Responding without legal guidance could lead you to say something that might backfire if things escalate.

And whatever you do, don’t rush to pay any fees they’re asking for without talking to a lawyer. There might be defences available to you under the Copyright Act 1968 (Cth) (“the Act”) that you may not be aware of, such as fair dealing for the purpose of reporting news as prescribed under s 42 of the Act.

A specialised Intellectual Property Lawyer can guide you through your options and help you understand the strength of your case. 

Key takeaways

If you’re looking at a letter from PicRights or a similar agency, breathe. The next step is to get in touch with an Intellectual Property Lawyer with experience in copyright issues, sooner rather than later.

It’s crucial to deal with the situation as if an infringement has occurred to protect yourself from potential legal action down the line.

Remember, getting advice early can save you a lot of headaches – and potentially money – by ensuring you navigate the situation correctly from the start.

At Progressive Legal, our copyright infringement lawyers have a wealth of experience in dealing with matters just like this. If you’re in need of guidance regarding a copyright issue, give us a call or make an online enquiry today.