26 August 2026
Finding your product photos on someone else’s website can make a copyright takedown seem like the obvious next step.
But before taking action, there is a more basic question to answer:
Can you prove you own the copyright?
A recent UK dispute between Shein and Temu shows why that matters.
The Shein v Temu dispute
Shein brought copyright infringement proceedings over photographs appearing across 2,559 product listings on Temu’s UK website.
The photographs came from several sources, including Shein employees, agencies and freelance photographers, and suppliers.
By the time the case reached a hearing, however, the dispute had narrowed dramatically. Shein had abandoned its claims concerning the agency photographs and all but one of the supplier photographs.
That left ownership of copyright in one supplier photograph as one of the remaining issues.
Ultimately, the case did not go Shein’s way. The Court also found that, even if infringement had been established in relation to the remaining supplier photograph, Temu would have been able to rely on a hosting defence.
Temu may now be able to claim damages arising from the injunctions Shein had previously obtained.
The practical lesson for businesses
Copyright generally arises automatically. However, that does not mean the business using an image necessarily owns it even where it has paid for the copyrighted work to be created.
Businesses routinely obtain content from:
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employees;
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freelance photographers;
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designers;
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marketing agencies;
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influencers;
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manufacturers; and
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suppliers.
Years later, proving exactly who created something and how the rights ended up with your business can be much harder than expected.
That becomes particularly important when you want to enforce those rights.
Before sending a takedown notice or threatening copyright proceedings, it is worth checking:
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who actually created the work;
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what the relevant contract says about ownership;
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whether any necessary assignment was completed;
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whether the business has retained the supporting records; and
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whether there are gaps in the chain of title.
Build the paperwork before you need it
Copyright ownership often receives attention only after copying has occurred.
That is too late.
For businesses commissioning photography, design, video, website content or other creative material, ownership should be dealt with when the work is created — not when a dispute begins. Ownership in the work only transfers if it is either a term of a contract or by execution of an assignment document - regardless of what you paid for the work to be produced. Asking a third party for an assignment at a later date can become a very costly exercise.
A strong copyright position is not just about having good creative work.
It is also about being able to prove that the rights belong to you.
Need help reviewing ownership of your business’s creative assets or enforcing copyright? Contact IP Solved to discuss your IP position.
This article provides general information only and is not legal advice. Specific advice should be obtained for your business and target markets.
