Frequently Asked Questions about Copyright Troll Defense

    1. What is a Copyright Troll?
      A copyright troll is typically a party that enforces copyrights aggressively and often indiscriminately through litigation or threat of litigation. They may target individuals or businesses alleging copyright infringement to extract settlements rather than pursuing legitimate claims of infringement.
    2. How Does a Copyright Troll Operate?
      Copyright trolls often use automated systems to scan the internet for instances of alleged copyright infringement, such as unauthorized use of images, videos, or written content. They send demand letters threatening legal action if the recipient does not pay a settlement amount, which is typically lower than the potential costs of litigation.
    3. The Image Was Uploaded to My Website, but an Employee Uploaded it, Not Me. Am I Still Responsible?
      Generally, if an employee (but not a user) posted the photo, you are responsible.  This is also commonly true in regard to 3rd party vendors and independent contractors, albeit you may have a claim against that 3rd party or independent contractor to contribute, defend or indemnify.
    4. I Purchased a License to Use that Image. Am I Still Responsible?
      Having paid for a valid license to use the photo (or reasonably believing that you purchased a valid license) has tremendous merit as an argument. However, sometimes clients erroneously believe that the license purchased covers unlimited use, when in fact only certain use is permissible.
    5. I Posted That Image for Commentary, Parody or Criticism. Am I Still Responsible?
      Your argument here is known as a “Fair Use” argument, which allows certain uses for the purpose of freedom of expression such as the aforementioned commentary, parody or criticism. However, it is highly unlikely that a Troll would hear a fair use argument pre litigation and agree to dispose of the matter. Generally, fair use arguments need to be reserved for the courtroom where a referee, and the finders of fact will evaluate the use against the elements of Fair Use. In a fair use analysis, the factors outlined in Section 107 of the Copyright Act which the court will consider to determine whether the unauthorized use qualifies as fair use are: 

      1. Purpose and Character of the Use. Courts examine whether the use of the copyrighted work is transformative, meaning it adds something new and changes the original work’s expression, meaning, or message. Transformative uses are more likely to be considered fair. Non-transformative uses, such as exact reproduction for commercial purposes, are less likely to be fair.

        Additionally, whether the use is for nonprofit educational purposes or commercial purposes can impact this factor. Nonprofit educational uses are generally more favorable under fair use.

      2. Nature of the Copyrighted Work. This factor considers whether the work being used is factual or creative. The use of factual works is more likely to be fair than the use of highly creative works because copyright law primarily aims to protect creative expression.
      3. Amount and Substantiality of the Portion Used Courts assess the quantity and quality of the portion of the copyrighted work used in relation to the work as a whole. Using small or less significant portions of a work may weigh in favor of fair use. However, using the “heart” or central part of a work, even if small in quantity, may weigh against fair use.
      4. Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work. This factor examines whether the unauthorized use negatively impacts the market for the original copyrighted work or its potential value. If the use competes with the market for the original work or serves as a substitute for it, this factor may weigh against fair use. However, if the use does not harm the market or if there is no significant potential market for the work, this factor may support fair use.

      In addition to these four statutory factors, courts may also consider other relevant factors as part of a fair use analysis, such as whether the use was commercially motivated, the good faith of the user, and the broader public interest implications.

    6. I Have a Valid DMCA Registration. I received the Demand Letter and Immediately Removed the Image. Am I Still Responsible?
      Generally, if a user, not you, and not am employee while acting as an employee, posted the photo, you may be covered under the safe harbor provision of the DMCA (Digital Millennium Copyright Act), provided you have assigned a DMCA Registered Agent to the Copyright Office, and update that registration every three years.

      If you have not registered your website under the DMCA then your responsibility for infringing acts by users depends on various detailed factors.

      If you want to learn how to register your website under the DMCA, and learn about the Safe Harbor provision call us at 954-800-6480 and 561-887-3493.

    7. I Thought the Image Was in the Public Domain. I Didn’t Know the Image was Copyrighted. Am I Still Responsible?
      Lack of Knowledge is generally not a meritorious defense against copyright infringement. Assuming Internet photos are in the public domain is incorrect.
    8. I Didn’t Make Any Money from the Website. In theory, not profiting from your website does not significantly aid your defense.  However, as a practical matter, if your company legitimately has no cash, and no other assets, for the Troll to recover, then it is likely that the Troll will be less inclined to spend significant time and money on winning a worthless judgement.
    9. What should I do if I receive a demand letter from a copyright troll?
      If you receive a demand letter alleging copyright infringement: 

      • Do not ignore the letter: Take it seriously and review the allegations carefully.
      • Do not admit liability: Avoid making any statements or payments without seeking legal advice.
      • Contact an attorney: Consult with an experienced copyright attorney who can assess the validity of the claim, advise on your options, and formulate a defense strategy.
    10. What are the Common Defenses Against Copyright Troll Claims?
      Defenses against copyright troll claims may include: 

      • Fair Use: Arguing that the use of the copyrighted work falls under the fair use doctrine, such as for criticism, commentary, news reporting, education, or research.
      • Lack of Standing: Challenging the copyright troll’s legal standing to assert copyright infringement claims, especially if they do not own the copyright or have proper authorization.
      • Misidentification: Demonstrating that you did not infringe on the copyright or that there was a mistake in identifying the allegedly infringing material.
      • Statute of Limitations: Asserting that the claim is barred by the statute of limitations, which limits the time within which legal action can be taken.
    11. What Can Your Law Firm do to Help Defend my Business Against Copyright Troll Claims of Copyright Infringement?
      We offer comprehensive legal services, including: 

      • Case Evaluation: Assessing the merits of the copyright troll’s claim and identifying potential defenses.
      • Settlement Negotiations: Negotiating fair and reasonable settlements when appropriate, while vigorously defending against unjust claims.
      • Case Consulting and Litigation Strategy Consulting: While the vast majority of cases settle without a trial, in the event a case is filed, our copyright defense lawyers will be an integral part of your litigation team, taking a part in all negotiations, mediation, and litigation to resolve your copyright infringement dispute.
    12. How Much Does Copyright Troll Defense Cost?
      Unlike many law firms, we can often offer small businesses, pre-revenue businesses, and individuals a flat rate copyright troll defense at a cost of $2,000 plus hard costs and fees.However, whether or not your case qualifies for our flat rate copyright defense service depends upon a variety of factors, which we are happy to explain in your free initial consultation with one of our copyright defense attorneys.

      In cases where a fixed price copyright defense, or flat rate copyright infringement defense, does not apply, we offer transparent hourly rates backed up by highly detailed billing reports. 

      While ultimately we will never know with certainty what a case costs until that case is over, we will always attempt to provide you with some degree of estimate on the possible cost of your case during your initial consultation.

      We also proudly offer reduced hourly rates for small, and pre revenue, businesses on numerous other business and intellectual property law services including but not limited to business entity registrations, bylaws, member agreements, contracts, work for hire agreements, employee agreements, non-compete agreements, and corporate formalities.

    13. How Can I Go On the Attack Against a Copyright Troll?
      Attacking copyright troll’s claims, case and overall eligibility to bring a case involves several strategies aimed at investigating, and sometimes challenging, the Trolls selection of personal Jurisdiction, the Trolls ability to practice law in the Jurisdiction (or state), holding the Troll accountable for abusive litigation practices, and violations of State Bar rules. Here are some effective approaches: 

      1. Rule 68 Formal Offer of Settlement. A “Formal Offer of Settlement” is a procedural mechanism provided under Rule 68 of the Federal Rules of Civil Procedure. It is a tool used often very early in the litigation process to encourage case closure by fair market settlement. Under Rule 68, if a defendant makes a formal settlement offer that the plaintiff rejects and the plaintiff later obtains a judgment that is not more favorable than the offer, the plaintiff may be required to pay the defendant’s costs incurred after the offer was made. This can include legal fees.
      2. Holding the Troll Responsible to Adhering to All Rules Pertaining to Lawyers, including the Rules of the Trolls State Bar.
      3. Whether the Troll is Licensed to Practice Law in the Jurisdiction.
        Practicing law without a license generally refers to the unauthorized practice of law (UPL), which is illegal in most jurisdictions. The specifics can vary by jurisdiction, but here are common situations where someone might be considered to be practicing law without a license:Providing Legal Advice Outside the Jurisdiction(s) where the Lawyer is licensed to Practice Law: Giving legal advice or counseling on legal matters to clients or others without being licensed to practice law in that jurisdiction may be the practice of law without a license.Representation in Court: Representing clients in court proceedings or administrative hearings without being licensed to practice law in that jurisdiction. 

        Preparing Legal Documents: Drafting legal documents (such as contracts, wills, or deeds) for others in exchange for a fee, particularly if the documents involve legal rights or obligations.

        Engaging in Legal Research or Analysis: Conducting legal research or providing legal analysis for others in a manner that could be construed as practicing law.

        Advising on Legal Strategies: Advising clients on legal strategies or potential outcomes of legal matters without a license.

        It’s important to note that the definition of UPL can vary significantly by jurisdiction, and some jurisdictions may have exceptions or limited permissions.

        Penalties for practicing law without a license can include fines, injunctions, and criminal penalties.

    14. Challenge Jurisdiction and Improper Joinder
      • Copyright trolls often file lawsuits against multiple defendants (John Does) in jurisdictions where they believe they can obtain expedient settlements. You can challenge the jurisdiction of the court if you do not reside in that jurisdiction or if the alleged infringement did not occur there. Additionally, you can argue improper joinder if the defendants’ cases are not sufficiently related to be tried together.
    15. Demand Specificity of Allegations
      1. Request detailed information and evidence supporting the copyright troll’s claim. Often, trolls rely on weak evidence, such as IP addresses, which may not directly identify the actual infringer. Demand that they substantiate their claims with specific evidence linking you to the alleged infringement.
    16. Assert Defenses
      1. Defenses such as fair use, lack of copyright ownership, or innocent infringement can be effective. Fair use allows for the limited use of copyrighted material without permission, depending on factors such as the purpose and nature of the use, the amount used, and the effect on the market.
      2. If you did not commit the alleged infringement or if the copyrighted material does not belong to the plaintiff, these are strong defenses that can be used to challenge the troll’s claims.
    17. Counterclaims for Abuse of Process or Misconduct:
      1. If there is evidence of abusive litigation tactics, such as fraudulent claims, misrepresentation, or improper use of legal process (e.g., improperly obtaining IP addresses), consider filing counterclaims against the copyright troll. This could include claims for abuse of process, malicious prosecution, or violations of consumer protection laws.
    18. Seek Attorney’s Fees and Sanctions
      1. If you successfully defend against the copyright troll’s claims, you may be entitled to recover attorney’s fees and costs under certain circumstances, such as if the court finds that the lawsuit was frivolous, brought in bad faith, or otherwise unjustified.
    19. Engage Legal Counsel with Experience in Copyright Defense
      1. Copyright law can be complex, and defending against copyright trolls requires expertise in both substantive copyright law and procedural tactics. Engage an experienced attorney who specializes in copyright defense and has a track record of handling cases involving copyright trolls.
    20. Raise Public Awareness and Advocate for Reform
      1. Support efforts to raise public awareness about copyright trolling and advocate for legal reforms that curb abusive litigation practices. This can include supporting legislation that promotes transparency in copyright enforcement and protects individuals from predatory lawsuits.

By employing these strategies, individuals targeted by copyright trolls can effectively defend themselves against baseless claims and hold copyright trolls accountable for abusive litigation practices. It’s crucial to act promptly and seek competent legal advice to protect your rights and interests.

      1. Does my homeowners Insurance or Business Insurance Cover Copyright Infringement?
        It may! If you have insurance coverage, particularly business insurance, a review of your Insurance Coverage is critical. Check if your homeowner’s insurance or business insurance includes coverage for copyright infringement claims. Some policies may provide coverage for legal costs and damages associated with such claims.

        Further, sometimes that coverage is buried within the policy, or “excepted” but then elsewhere there may be “An Exception to the Exception.”  (Yes – that actually happened. After an insurer denied coverage based upon an exception in the policy, a careful review of the policy located a later exception to that earlier exception of coverage. Once brought to the attention of the insurer, the insurer covered the companies legal defense fees, and a five figure settlement.)Thus, while most people may believe that a quick call to their insurance agent may provide a fast answer, if that answer is “no” then we would still recommend a careful analysis of the full policy for the complete legal answer.

      1. How Common Are These Copyright Troll Demand Letters?
        While the practice is sadly very common, the actual number of demand letters sent by copyright trolls on a daily basis can vary widely depending on the operations and scale of each copyright troll entity. However, generally, copyright trolls operate by sending out a large volume of demand letters accusing individuals and businesses of copyright infringement.

        While specific daily figures are not typically disclosed publicly, some copyright trolls are known to send hundreds or even thousands of demand letters per day. These demand letters often seek settlements or payments from alleged infringers, threatening legal action if the demands are not met. These letters commonly offer instructions to make payment through an automated process.

      2. Why should I choose your law firm for copyright troll defense?
        • Flat Rate Services: We can offer many small businesses a fixed price limited service agreement whereby we will attempt to dispose of the Troll’s claims at a pre-set cost.
        • Experience: Our attorneys have a proven track record in successfully defending clients against copyright troll claims.
        • Personalized Approach: We provide personalized attention and tailored strategies to meet each client’s unique needs and goals.
        • Results-Oriented: We are committed to achieving the best possible outcomes for our clients, whether through negotiation, settlement, or litigation.

Facing a copyright troll claim? Call us today to for a free consultation with one of our experienced copyright defense attorneys. We are here to protect your rights and provide strong legal representation against unjust allegations.

Frequently Asked Questions about Copyright Troll Defense

    1. What is a Copyright Troll?
      A copyright troll is typically a party that enforces copyrights aggressively and often indiscriminately through litigation or threat of litigation. They may target individuals or businesses alleging copyright infringement to extract settlements rather than pursuing legitimate claims of infringement.
    2. How Does a Copyright Troll Operate?
      Copyright trolls often use automated systems to scan the internet for instances of alleged copyright infringement, such as unauthorized use of images, videos, or written content. They send demand letters threatening legal action if the recipient does not pay a settlement amount, which is typically lower than the potential costs of litigation.
    3. The Image Was Uploaded to My Website, but an Employee Uploaded it, Not Me. Am I Still Responsible?
      Generally, if an employee (but not a user) posted the photo, you are responsible.  This is also commonly true in regard to 3rd party vendors and independent contractors, albeit you may have a claim against that 3rd party or independent contractor to contribute, defend or indemnify.
    4. I Purchased a License to Use that Image. Am I Still Responsible?
      Having paid for a valid license to use the photo (or reasonably believing that you purchased a valid license) has tremendous merit as an argument. However, sometimes clients erroneously believe that the license purchased covers unlimited use, when in fact only certain use is permissible.
    5. I Posted That Image for Commentary, Parody or Criticism. Am I Still Responsible?
      Your argument here is known as a “Fair Use” argument, which allows certain uses for the purpose of freedom of expression such as the aforementioned commentary, parody or criticism. However, it is highly unlikely that a Troll would hear a fair use argument pre litigation and agree to dispose of the matter. Generally, fair use arguments need to be reserved for the courtroom where a referee, and the finders of fact will evaluate the use against the elements of Fair Use. In a fair use analysis, the factors outlined in Section 107 of the Copyright Act which the court will consider to determine whether the unauthorized use qualifies as fair use are: 

      1. Purpose and Character of the Use. Courts examine whether the use of the copyrighted work is transformative, meaning it adds something new and changes the original work’s expression, meaning, or message. Transformative uses are more likely to be considered fair. Non-transformative uses, such as exact reproduction for commercial purposes, are less likely to be fair.

        Additionally, whether the use is for nonprofit educational purposes or commercial purposes can impact this factor. Nonprofit educational uses are generally more favorable under fair use.

      2. Nature of the Copyrighted Work. This factor considers whether the work being used is factual or creative. The use of factual works is more likely to be fair than the use of highly creative works because copyright law primarily aims to protect creative expression.
      3. Amount and Substantiality of the Portion Used Courts assess the quantity and quality of the portion of the copyrighted work used in relation to the work as a whole. Using small or less significant portions of a work may weigh in favor of fair use. However, using the “heart” or central part of a work, even if small in quantity, may weigh against fair use.
      4. Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work. This factor examines whether the unauthorized use negatively impacts the market for the original copyrighted work or its potential value. If the use competes with the market for the original work or serves as a substitute for it, this factor may weigh against fair use. However, if the use does not harm the market or if there is no significant potential market for the work, this factor may support fair use.

      In addition to these four statutory factors, courts may also consider other relevant factors as part of a fair use analysis, such as whether the use was commercially motivated, the good faith of the user, and the broader public interest implications.

    6. I Have a Valid DMCA Registration. I received the Demand Letter and Immediately Removed the Image. Am I Still Responsible?
      Generally, if a user, not you, and not am employee while acting as an employee, posted the photo, you may be covered under the safe harbor provision of the DMCA (Digital Millennium Copyright Act), provided you have assigned a DMCA Registered Agent to the Copyright Office, and update that registration every three years.

      If you have not registered your website under the DMCA then your responsibility for infringing acts by users depends on various detailed factors.

      If you want to learn how to register your website under the DMCA, and learn about the Safe Harbor provision call us at 954-800-6480 and 561-887-3493.

    7. I Thought the Image Was in the Public Domain. I Didn’t Know the Image was Copyrighted. Am I Still Responsible?
      Lack of Knowledge is generally not a meritorious defense against copyright infringement. Assuming Internet photos are in the public domain is incorrect.
    8. I Didn’t Make Any Money from the Website. In theory, not profiting from your website does not significantly aid your defense.  However, as a practical matter, if your company legitimately has no cash, and no other assets, for the Troll to recover, then it is likely that the Troll will be less inclined to spend significant time and money on winning a worthless judgement.
    9. What should I do if I receive a demand letter from a copyright troll?
      If you receive a demand letter alleging copyright infringement: 

      • Do not ignore the letter: Take it seriously and review the allegations carefully.
      • Do not admit liability: Avoid making any statements or payments without seeking legal advice.
      • Contact an attorney: Consult with an experienced copyright attorney who can assess the validity of the claim, advise on your options, and formulate a defense strategy.
    10. What are the Common Defenses Against Copyright Troll Claims?
      Defenses against copyright troll claims may include: 

      • Fair Use: Arguing that the use of the copyrighted work falls under the fair use doctrine, such as for criticism, commentary, news reporting, education, or research.
      • Lack of Standing: Challenging the copyright troll’s legal standing to assert copyright infringement claims, especially if they do not own the copyright or have proper authorization.
      • Misidentification: Demonstrating that you did not infringe on the copyright or that there was a mistake in identifying the allegedly infringing material.
      • Statute of Limitations: Asserting that the claim is barred by the statute of limitations, which limits the time within which legal action can be taken.
    11. What Can Your Law Firm do to Help Defend my Business Against Copyright Troll Claims of Copyright Infringement?
      We offer comprehensive legal services, including: 

      • Case Evaluation: Assessing the merits of the copyright troll’s claim and identifying potential defenses.
      • Settlement Negotiations: Negotiating fair and reasonable settlements when appropriate, while vigorously defending against unjust claims.
      • Case Consulting and Litigation Strategy Consulting: While the vast majority of cases settle without a trial, in the event a case is filed, our copyright defense lawyers will be an integral part of your litigation team, taking a part in all negotiations, mediation, and litigation to resolve your copyright infringement dispute.
    12. How Much Does Copyright Troll Defense Cost?
      Unlike many law firms, we can often offer small businesses, pre-revenue businesses, and individuals a flat rate copyright troll defense at a cost of $2,000 plus hard costs and fees.However, whether or not your case qualifies for our flat rate copyright defense service depends upon a variety of factors, which we are happy to explain in your free initial consultation with one of our copyright defense attorneys.

      In cases where a fixed price copyright defense, or flat rate copyright infringement defense, does not apply, we offer transparent hourly rates backed up by highly detailed billing reports. 

      While ultimately we will never know with certainty what a case costs until that case is over, we will always attempt to provide you with some degree of estimate on the possible cost of your case during your initial consultation.

      We also proudly offer reduced hourly rates for small, and pre revenue, businesses on numerous other business and intellectual property law services including but not limited to business entity registrations, bylaws, member agreements, contracts, work for hire agreements, employee agreements, non-compete agreements, and corporate formalities.

    13. How Can I Go On the Attack Against a Copyright Troll?
      Attacking copyright troll’s claims, case and overall eligibility to bring a case involves several strategies aimed at investigating, and sometimes challenging, the Trolls selection of personal Jurisdiction, the Trolls ability to practice law in the Jurisdiction (or state), holding the Troll accountable for abusive litigation practices, and violations of State Bar rules. Here are some effective approaches: 

      1. Rule 68 Formal Offer of Settlement. A “Formal Offer of Settlement” is a procedural mechanism provided under Rule 68 of the Federal Rules of Civil Procedure. It is a tool used often very early in the litigation process to encourage case closure by fair market settlement. Under Rule 68, if a defendant makes a formal settlement offer that the plaintiff rejects and the plaintiff later obtains a judgment that is not more favorable than the offer, the plaintiff may be required to pay the defendant’s costs incurred after the offer was made. This can include legal fees.
      2. Holding the Troll Responsible to Adhering to All Rules Pertaining to Lawyers, including the Rules of the Trolls State Bar.
      3. Whether the Troll is Licensed to Practice Law in the Jurisdiction.
        Practicing law without a license generally refers to the unauthorized practice of law (UPL), which is illegal in most jurisdictions. The specifics can vary by jurisdiction, but here are common situations where someone might be considered to be practicing law without a license:Providing Legal Advice Outside the Jurisdiction(s) where the Lawyer is licensed to Practice Law: Giving legal advice or counseling on legal matters to clients or others without being licensed to practice law in that jurisdiction may be the practice of law without a license.Representation in Court: Representing clients in court proceedings or administrative hearings without being licensed to practice law in that jurisdiction. 

        Preparing Legal Documents: Drafting legal documents (such as contracts, wills, or deeds) for others in exchange for a fee, particularly if the documents involve legal rights or obligations.

        Engaging in Legal Research or Analysis: Conducting legal research or providing legal analysis for others in a manner that could be construed as practicing law.

        Advising on Legal Strategies: Advising clients on legal strategies or potential outcomes of legal matters without a license.

        It’s important to note that the definition of UPL can vary significantly by jurisdiction, and some jurisdictions may have exceptions or limited permissions.

        Penalties for practicing law without a license can include fines, injunctions, and criminal penalties.

    14. Challenge Jurisdiction and Improper Joinder
      • Copyright trolls often file lawsuits against multiple defendants (John Does) in jurisdictions where they believe they can obtain expedient settlements. You can challenge the jurisdiction of the court if you do not reside in that jurisdiction or if the alleged infringement did not occur there. Additionally, you can argue improper joinder if the defendants’ cases are not sufficiently related to be tried together.
    15. Demand Specificity of Allegations
      1. Request detailed information and evidence supporting the copyright troll’s claim. Often, trolls rely on weak evidence, such as IP addresses, which may not directly identify the actual infringer. Demand that they substantiate their claims with specific evidence linking you to the alleged infringement.
    16. Assert Defenses
      1. Defenses such as fair use, lack of copyright ownership, or innocent infringement can be effective. Fair use allows for the limited use of copyrighted material without permission, depending on factors such as the purpose and nature of the use, the amount used, and the effect on the market.
      2. If you did not commit the alleged infringement or if the copyrighted material does not belong to the plaintiff, these are strong defenses that can be used to challenge the troll’s claims.
    17. Counterclaims for Abuse of Process or Misconduct:
      1. If there is evidence of abusive litigation tactics, such as fraudulent claims, misrepresentation, or improper use of legal process (e.g., improperly obtaining IP addresses), consider filing counterclaims against the copyright troll. This could include claims for abuse of process, malicious prosecution, or violations of consumer protection laws.
    18. Seek Attorney’s Fees and Sanctions
      1. If you successfully defend against the copyright troll’s claims, you may be entitled to recover attorney’s fees and costs under certain circumstances, such as if the court finds that the lawsuit was frivolous, brought in bad faith, or otherwise unjustified.
    19. Engage Legal Counsel with Experience in Copyright Defense
      1. Copyright law can be complex, and defending against copyright trolls requires expertise in both substantive copyright law and procedural tactics. Engage an experienced attorney who specializes in copyright defense and has a track record of handling cases involving copyright trolls.
    20. Raise Public Awareness and Advocate for Reform
      1. Support efforts to raise public awareness about copyright trolling and advocate for legal reforms that curb abusive litigation practices. This can include supporting legislation that promotes transparency in copyright enforcement and protects individuals from predatory lawsuits.

By employing these strategies, individuals targeted by copyright trolls can effectively defend themselves against baseless claims and hold copyright trolls accountable for abusive litigation practices. It’s crucial to act promptly and seek competent legal advice to protect your rights and interests.

      1. Does my homeowners Insurance or Business Insurance Cover Copyright Infringement?
        It may! If you have insurance coverage, particularly business insurance, a review of your Insurance Coverage is critical. Check if your homeowner’s insurance or business insurance includes coverage for copyright infringement claims. Some policies may provide coverage for legal costs and damages associated with such claims.

        Further, sometimes that coverage is buried within the policy, or “excepted” but then elsewhere there may be “An Exception to the Exception.”  (Yes – that actually happened. After an insurer denied coverage based upon an exception in the policy, a careful review of the policy located a later exception to that earlier exception of coverage. Once brought to the attention of the insurer, the insurer covered the companies legal defense fees, and a five figure settlement.)Thus, while most people may believe that a quick call to their insurance agent may provide a fast answer, if that answer is “no” then we would still recommend a careful analysis of the full policy for the complete legal answer.

      1. How Common Are These Copyright Troll Demand Letters?
        While the practice is sadly very common, the actual number of demand letters sent by copyright trolls on a daily basis can vary widely depending on the operations and scale of each copyright troll entity. However, generally, copyright trolls operate by sending out a large volume of demand letters accusing individuals and businesses of copyright infringement.

        While specific daily figures are not typically disclosed publicly, some copyright trolls are known to send hundreds or even thousands of demand letters per day. These demand letters often seek settlements or payments from alleged infringers, threatening legal action if the demands are not met. These letters commonly offer instructions to make payment through an automated process.

      2. Why should I choose your law firm for copyright troll defense?
        • Flat Rate Services: We can offer many small businesses a fixed price limited service agreement whereby we will attempt to dispose of the Troll’s claims at a pre-set cost.
        • Experience: Our attorneys have a proven track record in successfully defending clients against copyright troll claims.
        • Personalized Approach: We provide personalized attention and tailored strategies to meet each client’s unique needs and goals.
        • Results-Oriented: We are committed to achieving the best possible outcomes for our clients, whether through negotiation, settlement, or litigation.

Facing a copyright troll claim? Call us today to for a free consultation with one of our experienced copyright defense attorneys. We are here to protect your rights and provide strong legal representation against unjust allegations.