Stock Image Licences in China: What Records to Keep Before You Use Licensed Photos

Getty Images has started a prepackaged Chapter 11 restructuring in the United States and says its image libraries continue to operate normally (news). Whatever happens to any one agency, the episode is a reminder that a stock image licence is a contract, and your only proof of it is the paperwork you kept. That matters in China, where image copyright complaints on marketplaces and demand letters over website and catalogue images are common. This guide explains what to keep and check before you use licensed images in China. It is general information; Chinese copyright law, the licence terms and the facts of each case decide the outcome.

Why licence records matter in China

• Photos are protected without registration: China is a member of the Berne Convention, so foreign photos are protected in China from creation. Rights holders and their agents do enforce them, on marketplaces and in court.
• The burden is on the user: if your listing, website or brochure uses a protected image, you will be asked to show that your use is licensed. A screenshot of a website you bought from years ago is rarely enough.
• Damages can be significant: under the Copyright Law, where actual loss and profit cannot be determined, courts can award statutory damages from RMB 500 up to RMB 5 million, and punitive damages are possible for wilful, serious infringement.

What to keep for every licensed image

1. The licence certificate or download record, showing the image ID, the licence type and the licensee's name.
2. The invoice and payment record.
3. The licence terms that applied on the purchase date, saved as a PDF. Agencies change their terms; you need the version you bought under.
4. A use log: where each image appears (marketplace listing, website, catalogue, packaging) and from when.

Check the licence actually covers your use

• Who is licensed: most licences cover the buyer only. If your Chinese distributor, marketplace seller or factory will use the image, check whether the licence allows that, or buy a licence that covers them.
• Editorial or commercial: images licensed for editorial use cannot be used to advertise or sell products.
• Territory, media and duration: confirm the licence covers China, the media you use and the period you use it for.
• People, brands and buildings: an image licence does not clear the rights of people, trademarks or designs shown in the image.

If you receive a complaint or demand letter

1. Do not ignore it, and do not pay before checking. Ask for the image, the claimed owner and proof of ownership or authority.
2. Match the image to your records. If you hold a valid licence, send it.
3. If you cannot prove a licence, remove or replace the image and negotiate; keep a record of when it was taken down.
4. For marketplace complaints, follow the platform's counter-notice procedure if you have a valid licence. See your product photos copied on Chinese marketplaces for how notice and takedown works.

Frequently asked questions

The agency we bought from has closed or restructured. Is our licence still valid? A licence is a contract; a restructuring does not by itself cancel it. Keep your records, read any official notices and check the terms if the library is sold.

Can we use our own product photos instead? Yes, and for products it is often better. Commission them with a written agreement that gives you the copyright, and consider a voluntary Chinese copyright registration for your key images.

Do free stock images need records too? Yes. Save the licence page and the download date; free libraries also have terms and restrictions.

J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. For copyright registration and related services in China, see our copyright services.