Receiving a copyright infringement demand letter can be a daunting experience, especially if it comes from a copyright troll attorney known for aggressive tactics. Copyright trolls often send out mass amounts of letters demanding payments, claiming unauthorized use of photographs and seeking fast settlements. These Copyright Troll Attorneys suggest, or outright state, that if you do not make fast payments, your copyright infringement defense attorney bills, and judgements, can run into the hundreds to thousands of dollars. If you find yourself in this situation, it’s crucial to understand your rights and take appropriate steps to protect yourself.
Here’s What You Should Do.
- First Do Not panic or get yourself overly upset. Copyright trolls generally write Copyright Troll Demand Letters with the intent to scare you to death so that you will call in a panic begging to pay their often outrageous demand.
- Do Not Immediately Pay or Communicate Directly:Avoid making any payments or communicating directly with the copyright troll attorney without careful consideration. Their initial settlement demands are often inflated, and engaging without proper understanding of your rights can be detrimental. Further, everything you say will be used against you, and in the worst possible light against you. To be clear, calling a troll to gather information or ask a question is a mistake and is likely to only further complicate your defense.
- Find a Lawyer Willing to Explain the Legal Landscape and Your (Numerous) Options. You can find many experienced copyright infringement defense lawyers online through Google. Here are some search terms to assist in that search: Copyright infringement defense lawyer near me, copyright infringement lawyer in Palm Beach and Copyright troll defense lawyer in West Palm Beach.
Also, you can call us first, and receive a free consultation. We are copyright troll defense lawyers in West Palm Beach. You can call us now for a free consultation. If you call us, you will speak to an actual copyright infringement defense lawyer.
Here’s What Your Copyright Lawyer Should Do.
- Assess the Demand Letter and the Attorney That Sent the Letter.As a gateway matter, assess whether that attorney an actual copyright troll. Is your situation a “Garden Variety” copyright troll demand or something more? Does this copyright troll lawyer send out dozens or hundreds of these letters a day? Does this copyright troll attorney file actual lawsuits? What tactics do they use to find “targets” (victims), and are their tactics in compliance with Bar Rules in your state? How often do they settle, and at about what percentage of their initial demand? As to us specifically, we very likely may have dealt with that troll before, so we may have many of these answers based on our direct experience.
- Review the Allegations Carefully:Upon receiving a copy of the Copyright Troll demand letter, your attorney should carefully review the allegations of copyright infringement. Your attorney should pay attention to specifics such as the copyrighted work claimed to be infringed, whether the work is registered, where and how the infringement allegedly occurred, the legitimacy of the rights holders claim to the work, the proposed value of the alleged use versus the settlement amount demand, and many more factors.
- Assess the Validity of the Claim:Determine whether the allegations have merit. Check if the copyrighted work was indeed used, and was the work actually used without authorization. Sometimes, images or content may have been licensed through stock photo agencies like Getty Images or obtained through other legitimate means.
- Do Not Ignore the Letter:Ignoring the demand letter is unlikely to make the problem go away, and could potentially lead to larger consequences. Your lawyer responding promptly is important.
- Gather Evidence:Compile any evidence that supports your case. This may include documentation proving legitimate ownership or licensing of the copyrighted work, correspondence related to its acquisition, evidence that the image owner gave permission for others to use the work, evidence showing that the settlement demand is far in excess of what the troll could expect to win in court, and any other relevant information.
- Respond Strategically:As a gateway matter, a response to the letter from a lawyer begins to establish the fact that the troll will not be taking undue advantage of you. We will craft a response to the demand letter with factual, concise, and specific language that avoids admissions of liability. This tactic further lets the troll know that you mean business and refuse to be a simple mark.A primary focus of our firm is copyright troll defense. We will provide you with legal advice tailored to your specific situation and help you understand the best course of action.
- Negotiate Wisely:If negotiations are initiated, we will aim to reach a settlement that is fair market value which reflects the “actual damages”, i.e. what would it had cost if you had gone on a stock image website and actually paid for the use? Often this analysis results in settlement counter offers of a tiny fraction of the troll’s initial demand.
- Consider Legal Defenses:Evaluate potential legal defenses against the copyright infringement claim. Fair use, implied license, lack of substantial similarity, or expiration of copyright are examples of defenses that may apply depending on the circumstances.
- Document Everything:Keep thorough records of all communications, including copies of letters, emails, and notes from phone conversations. This documentation can be crucial in protecting your rights and defending against potential legal action.
Receiving a demand letter from a copyright troll attorney can be unsettling, but with careful navigation and legal guidance, you can effectively address the situation while safeguarding your interests. Understanding your rights and responding thoughtfully are key steps towards resolving copyright infringement allegations in a manner that protects your business or personal assets.
If you have received such a letter or are facing similar legal challenges, seeking timely legal advice can make a significant difference in the outcome of your case.
