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 (maybe 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 and can include claims for attorney 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 you do? Below are some tips to help you prevent instances of copyright infringement.
- Avoid unlicensed image sources such as Google images or social media. Always use stock, licensed images from trusted sources. Readily available, reasonably priced, licensed images can be found online from sites like Shutterstock, Adobe Stock, or Getty Images.
- If you utilize a third party to create/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.
- 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 ten years ago by a former employee could still cause you trouble.
If you receive a letter, don't ignore it. Contact one of Rose Law Firm's qualified intellectual property attorneys who routinely handle these types of matters. They can help you decide on some reasonable next steps to take.
