Copyright Demand Letters Rise With Bot Help (Josh Hallenbeck & Adam Hopkins Commentary)

(Shutterstock)

Somewhat recently, our office has noticed an uptick in copyright infringement matters coming across our desks.

A typical situation involves a client who has (innocently) taken an image off the internet and posted it on their website or social media page. Sometime thereafter (perhaps even years), the client receives a demand letter claiming they owe thousands of dollars for copyright infringement. If the client doesn’t pay up now, the letter claims, they could be liable for hundreds of thousands of dollars if they lose in court. Enter panicked phone call.

Increasingly, copyright enforcement companies, on behalf of legitimate copyright owners, are using bots to scour the internet to find would-be infringers. These enforcement companies, although operating within the letter of the law, send out scary demand letters designed to create panic and increase payouts. Demands often start in the tens of thousands of dollars and can include claims for attorneys fees.

Understandably, receiving a letter like this can be alarming. And rightly so. In many instances, the accused has in fact committed copyright infringement. So, what can business owners do?

Here are some tips to help prevent instances of copyright infringement:

1. Avoid unlicensed image sources such as Google images or social media. Copying and pasting images from the internet at large, even just one time, can land you in trouble.

2. Always use stock, licensed images from trusted sources. Readily available, reasonably priced images can be found online from sites like Shutterstock, Adobe Stock or Getty Images. Alternatively, take your own photos. Using your own images is always OK.

3. Educate employees, especially those in charge of websites or social media accounts, on the basics of copyright infringement and the use of licensed images. Set internal policies to require the use of licensed imagery.

4. If you use a third party to create or manage your websites and social media pages, insist they use licensed images. If you have a written agreement, make sure it includes an indemnification provision for intellectual property infringement.

5. Audit your current websites and social media pages to make sure no unlicensed images are present. Copyright infringement does not require intent, and the statute of limitations continues to run so long as the image is posted. A photo posted 10 years ago by a former employee can still cause you trouble.

6. If you receive a letter, don’t ignore it. Contact a qualified intellectual property attorney who routinely handles these types of matters. They can help you decide some reasonable next steps to take.

Using a single, unlicensed image from the internet seems innocent and anonymous enough. But with the rise of bots and copyright infringement enforcement matters, business owners can find themselves in hot water. Ignorance is no defense. Take care to ensure use of licensed imagery throughout your business’s digital footprint.

Josh Hallenbeck is a registered patent attorney and dedicates his practice to patents, trademarks, copyrights and other forms of complex intellectual property matters. Adam Hopkins works with companies and business owners in intellectual property procurement and litigation, particularly in federal courts.