Our team recently handled a case involving questionable copyright enforcement practices. These aren’t technically scams, but their business model can pressure website owners into unnecessary payments. Here’s what you need to know about these notices and how to protect yourself.

How Copyright Enforcement Services Work

Services like COPYTRACK use automated systems to identify potential image matches across websites. While they claim to protect intellectual property rights, they often prioritize volume over accuracy.

Real Example: Vague Accusations

A client recently received an email claiming they were “likely using an image” that required licensing. Key problems with this notice:

• Vague language instead of specific infringement details
• Accusatory tone designed to prompt quick payment
• No official notice from the CCB or court

Their Business Model

These services use tactics that aren’t technically scams but rely on a flawed business model:

1. Mass notifications based on automated image matching
2. Minimal verification before sending claims
3. Profit from successful claims creates incentive for quantity over quality
4. Recipients must prove their innocence rather than companies proving guilt

This approach generates many false claims for images that:

• Are properly licensed
• Qualify as fair use
• Are freely available from legitimate sources
• Don’t appear on the recipient’s website at all

What We Found

We investigated the photo referenced in our client’s case. A reverse image search showed this exact image—of a mother and daughter sitting on beach chairs at sunset—was freely available on multiple stock photo sites with no attribution requirements.

Image Available with No Attribution Required

No infringement occurred, yet the client received what appeared to be an official legal notice.

How to Identify Legitimate Copyright Claims

According to the Copyright Claims Board (CCB), legitimate notifications must:

1. Include two notices—one from the claimant and a follow-up from the CCB
2. Use formal “service of process” (typically in-person or mail delivery)
3. Provide “proof of service” to the CCB
4. Contain specific details about the alleged infringement

Source

Protecting Yourself and Your Business

Prevention

1. Source images responsibly: Use reputable stock photo sites (paid or free) and maintain records of licenses
2. Document your licenses: Keep a spreadsheet of all image assets, their sources, and licensing terms
3. Consider a digital asset management system: For larger operations, this can help track image usage and rights
4. Understand “fair use”: Not all image usage requires permission, but fair use has specific parameters

If You Receive a Notice

1. Don’t panic or immediately pay: Take time to investigate the claim thoroughly
2. Verify the image in question: Request specific details about where the image appears on your site
3. Check your records: Confirm whether you have proper licensing for the image
4. Research the image: Conduct a reverse image search to determine its availability and licensing status
5. Seek professional advice: For significant claims, consult with an intellectual property attorney

What To Remember

Proper copyright matters, but so does protecting yourself from predatory enforcement.

Watch for these red flags in copyright notices:

• Email-only communications (no formal letters)
• Vague descriptions of the alleged infringement
• No specific location of where the image appears on your site
• Pressure tactics or urgent payment demands
• Claims from services that profit from settlements

Always get your images from legitimate sources and save your receipts. When in doubt about a claim, investigate before paying.

---

This blog post is based on our experience and research, but it does not constitute legal advice. If you’re facing copyright infringement claims, consider consulting with a qualified intellectual property attorney.