Don’t panic. Don’t ignore it either.

Why did I receive a letter from 79 Pixels?#

A photograph we act for was found on a website that you own, operate or are responsible for, and we have no record of a licence for that use. Our letter names the photograph, the photographer and the web page, and quotes a case reference; the evidence dossier sent with it contains screenshots of the page and the photograph’s source record.

Copyright in a photograph arises automatically, without registration or any other formality. Using it on a website needs permission — a licence — and that is what the letter is about. Find your letter to see exactly what it asks.

Is this a scam? How do I check a letter is genuine?#

It’s sensible to check. Genuine letters from us quote a case reference, name the photograph and the web page it was found on, and come from an address ending @79pixels.net. We never ask for payment by gift card or cryptocurrency, and we never change our bank details by email.

To check independently, write a new email to info@79pixels.net — typed yourself, not a reply — quoting the reference, and we will confirm whether the letter is ours. How to check a letter is from us.

What was your first letter?#

Our first letter may be a licence enquiry or a request for a licence fee — often by post. A licence enquiry asks how the photograph came to be on your website and names no sum; a settlement proposal proposes a sum for the past use and encloses a pro-forma invoice.

What happens if I ignore the letter?#

The matter doesn’t lapse — it moves to the next stage. A licence enquiry is followed by a settlement proposal, and a settlement proposal by a final letter before proceedings. The settlement proposal says:

From the settlement proposal

If we do not hear from you within 14 days, or if an agreed settlement is not paid by [the date in your letter], 79 Pixels, Inc. may send a [the final letter's title], after which proceedings may be issued without further notice.

We would prefer to resolve every matter without proceedings. A short reply — even to say you need more time — keeps it in conversation.

Who owns the photograph? Do you have the right to write to me?#

We act for photographers and rights holders under written agreements — exclusive licences, assignments and other written authority to license their work and to enforce it on their behalf. The photographer is named in our letter.

Our final letters put it this way:

From the final letter

79 Pixels, Inc. is authorised by [the photographer] to correspond concerning licensing, settlement and enforcement administration in relation to the photograph. Under that authority, 79 Pixels, Inc. is entitled to determine what action should be taken in the event of infringement and to conduct any claims or proceedings. The rights and authority relied upon are summarised in the attached evidence dossier.

Why is a US company writing to me?#

79 Pixels, Inc. is incorporated in Wyoming, USA, and has a postal address in London. We act for photographers wherever their work is used. Photographs are protected in every country that is party to the Berne Convention, and our letters name the law that applies where you are — for example the Copyright, Designs and Patents Act 1988 in the UK.

The photographer named in your letter isn’t the name shown on Wikimedia Commons.#

Wikimedia Commons shows the uploader’s account name, which is often a username rather than the photographer’s own name. The file page’s author and licence details — and often the credit the photographer asks for — identify the photographer. Our evidence dossier includes the photograph’s source record, so you can check the link between the two.

How did you get my email address?#

From public sources: the contact details published on the website where the photograph appears, or public business and domain records. We use them to correspond with you about the use of the photograph.

It was on Wikipedia or Wikimedia Commons. Isn’t it free to use?#

It’s free to use on the licence’s conditions. Photographs on Wikipedia and Wikimedia Commons are published under the licence their author chose, usually a Creative Commons licence. As our letters put it:

From the licence enquiry

Such a licence permits reuse, including commercial reuse, but only on the conditions set out in the licence.

Those conditions may include crediting the author, naming and linking the licence, and linking to the source where reasonably practicable. What the licence asks for, and a credit line you can copy.

I didn’t know the image was protected — it came up on Google.#

We understand; it’s one of the most common replies we get. Search engines index images; they don’t license them. The same is true of wallpaper sites and images re-posted on social media. Unless the source grants a licence and you’ve met its terms, the use isn’t licensed.

Tell us how it happened — it helps us understand the use — but not knowing doesn’t make the use licensed.

I’ve added the credit now. Does that settle it?#

It brings future use into line with the licence, which we welcome — tell us in your reply. It doesn’t change the use that has already happened. Licence versions 2.5 and 3.0 end automatically on any breach and have no cure period; version 4.0 reinstates the licence if the breach is cured within 30 days of discovering it, but keeps the licensor’s right to seek remedies for the past breach.

Our letters take the same position: a proposal to continue use under Creative Commons terms will be considered without prejudice to the claim for past non-compliant use. More on this.

I’ve removed the image. Is that the end of it?#

Removing it stops the use continuing — and our letters ask for exactly that, unless a licence for future use is agreed. But it doesn’t license the use that already happened, which is what our letters are about. Please tell us the date you removed it.

Can I keep using the image?#

Not without a licence. Settling resolves the past use only. If you want to keep the image, ask us for a licence covering future use; otherwise please remove it.

If you would rather keep it under its Creative Commons licence, say so in your reply: our letters ask you to identify any such proposal.

How was the fee calculated?#

Your letter shows how the sum is made up. It is based on the licence fee for the use you made of the photograph — its nature, prominence and duration — and includes nothing for costs or interest. The sum in your letter is the one that applies to your case; our standard rates for licences agreed on our own terms are published separately in our rate card.

If you think we’ve misunderstood the use, tell us and explain why. We’d rather correct an assessment than argue about it.

Can we negotiate?#

Yes, in writing. Our settlement proposal lists four ways to respond, and one of them is to make a reasoned settlement proposal. Tell us what you propose and why, with anything that supports it. Our final letter likewise offers written negotiation, a short without-prejudice call or another suitable form of alternative dispute resolution.

We’re a small business or a charity. Does that matter?#

Tell us — it helps us understand the use. Explain your circumstances in a reasoned settlement proposal, with anything that supports it, and we will consider it. If cost is the difficulty, ask about a payment plan.

Can I pay in instalments?#

Yes. Payment plans are available on request. Reply quoting your reference and say what you can pay and when; once we agree a plan in writing, pay each instalment by card or bank transfer, quoting the reference.

Can I have more time?#

Yes, on request. Ask before the date in your letter, quoting your reference and saying how long you need and why. The date in the letter stands until we confirm a new one in writing.

How do I pay, and what do I get afterwards?#

By card on our payment page, in the currency on your invoice (GBP, USD, AUD or EUR) and with your case reference — or by bank transfer to the account printed on your invoice, payable to 79 Pixels, Inc. For an invoice in another currency, such as Canadian dollars, pay by bank transfer, or email us quoting your reference to arrange a card payment. Once the payment is matched to your case, we confirm in writing that the past use is settled. Keep that confirmation with the invoice.

What is the pro-forma settlement invoice?#

It sets out the sum that would settle the past use, so that you can pay it if you accept the proposal. Its reference is your case reference followed by “/I”. In the words of our letters:

From the settlement proposal

It is not a fine or penalty, and is not intended to suggest that any contract has already been agreed.

Can I dispute the claim?#

Yes. Reply with your case reference and the basis of your dispute — for example, you hold a licence, the website isn’t yours, the photograph isn’t the one we identified, or you rely on an exception such as fair use or fair dealing — with any documents you rely on. We review every dispute against the evidence and reply in writing with our position. If we got it wrong, we close the case and say so.

Our web designer, agency or a former employee put the image there.#

That’s useful to know, and worth raising with them: many agency and web-design contracts make the supplier responsible for clearing image rights, so you may be able to pass the cost on. The use is on your website, though, so the matter still needs resolving with you — or with your supplier directly, if they take it on; we’re happy to deal with them. The same applies where a former employee or a previous owner of the business added the image.

It isn’t our website, or the business has been sold.#

Tell us, with the facts and any evidence — for example, who operates the website now, or when the business or domain changed hands — and who we should write to instead. We review what you send and reply with our position. If you still operate the website, the use on it needs resolving even if the image was added before your time.

We bought the image from a stock site. What proof do you need?#

Send the licence or invoice: the stock site’s name, the image’s ID or a link to it on the stock site, and the licence or receipt showing your organisation (or your designer) as licensee. If it covers this photograph and this use, we close the case and confirm it in writing.

Isn’t this fair use or fair dealing?#

Exceptions exist, but they are narrow, and they depend on the law where you are. If you rely on one, reply with the facts you rely on and we will consider them. Two points often come up: in the UK, the fair-dealing exception for reporting current events does not apply to photographs (Copyright, Designs and Patents Act 1988, section 30(2)); in the US, fair use is decided on the four factors in 17 U.S.C. § 107.

The image was used years ago.#

Tell us when the use started and when it ended, with any evidence you have. Our letter concerns the use we documented, and the evidence dossier shows when we captured it. Time limits for claims differ from country to country, and we take the dates into account.

Our lawyer or insurer is dealing with this.#

Please ask them to write to info@79pixels.net quoting the case reference. Once they confirm they act for you, we will correspond with them, and we can send them the evidence dossier, which summarises the rights relied upon.