Written by: Vickie Sullivan  |  January 16, 2025

Avoiding Copyright Infringement: Lessons from a Legal Battle

Last year, I found myself in a legal fight over a photograph I used in a presentation. It wasn’t recent—it was from years ago. The situation spiraled into drama, stress, and hard lessons about avoiding copyright infringement.

Fortunately, the story ended well with a settlement I could live with. However, the experience taught me valuable lessons about using photos responsibly—lessons I won’t soon forget. Here’s what I learned—and what you need to know to avoid costly legal trouble.

Essential Steps for Avoiding Copyright Infringement with Photos

Copyright infringement can happen to anyone, even with the best intentions. Using images in presentations, blogs, or other content may seem harmless, but without proper documentation and safeguards, you could face serious legal and financial consequences. To help you protect yourself from predatory law firms, here are two crucial steps to sidestep potential copyright disputes and ensure your use of photos is always legitimate.

• Include the source with the photo. I outsourced the PowerPoint production, which involved finding 44 images for the slides. I clearly stated —in writing — to use only photo-sharing sites that do not require individual fees for the photos. Not good enough. Their libraries change frequently. If a photo is removed from the site (which is quite common), you cannot prove you sourced it there. If you provide the source in small print below each photo, it will be easier to prove your intention. Bottom line: photo-sharing sites are not reliable.

• Keep the original images forever. As tedious as this may seem, you must keep all the original photos you use in presentations, blog posts, and everything else. They contain source information that shows where you obtained the photo (see above). And keep these records permanently. Here’s why: the statute of limitations is easy to navigate. Anyone can claim “discovery” at any time, so you really can’t challenge the three-year time frame. Request all documentation from your third party and store it yourself. That’s what cloud storage is for.

Many of these firms prefer to settle. They don’t want to go to court any more than you do. By providing thorough documentation upfront, you demonstrate compliance and shift the negotiations to a more reasonable starting point. Without proper records, however, you risk exposing yourself to inflated claims and costly demands. Taking proactive steps to ensure you’re avoiding copyright infringement not only protects your work but also saves you from unnecessary legal battles.

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