Receiving a threatening letter alleging that you’ve infringed on a third-party’s copyrighted images is unsettling. Such letters typically demand a settlement to settle the claim, posing myriad questions for the recipient. Is this legitimate or just another scam? Should you respond or give it the cold shoulder? Pay or prepare to fight back?
This scenario is more frequently playing out in today’s digital world, where, thanks to the increased ease of finding and reusing content, instances of copyright infringement have exponentially augmented. They often come from entities earning the derogatory title of ‘Copyright Trolls’, which parallel to their mythological namesakes, lurk in the shadowy corners of the legal landscape, ready to pounce on unsuspecting prey.
Copyright Trolls exploit legal loopholes and current copyright laws to turn a profit by threatening infringement lawsuits to coerce individuals or corporations into paid settlements. These entities hardly contribute to actual creative endeavors. Instead, they acquire copyrights solely to assert their legal claims, banking on the idea that their targets would prefer a quick settlement over a protracted legal battle.
The question is: how to handle these threats effectively?
The first order of business would be recognizing the nature of these threats – the fact that they represent a business model rather than actual guardianship of creative content. Alertness can help stave off significant financial losses stemming from these false claims.
Next, legal experts from Kohrman Jackson & Krantz LLP recommend not ignoring these letters. The firm advises swift engagement with legal counsel due to the complex nature of the U.S. copyright law.
Last, but by no means least, the experts advise on preferring to fight rather than pay without a diligent investigation into the veracity of the threats. Specifically, if the claim is originating from a well-known ‘troll’, or if it doesn’t seem credible.
For more details on how to handle such situations, you can check out the more detailed guide at JD Supra.