Copyright Trolls: What They Are and How to Protect Yourself
Copyright trolls are companies or firms that scour the web looking for instances of unlicensed use of photos, videos, or other creative works. Their business model is simple: send demand letters threatening lawsuits and pressure businesses or individuals into paying quick settlements.
While copyright law is designed to protect creators, trolls often use it as a tool for profit rather than fairness. Understanding how the law works, and what to do if you receive a copyright demand letter, can make all the difference.
What Is Strict Liability in Copyright Law?
One of the harsh realities of U.S. copyright law is that it operates under strict liability. That means:
- Intent doesn’t matter. Even if you didn’t know the content was copyrighted, or you thought the image was free to use, you can still be held liable.
- No profit required. You don’t have to be making money from the use for it to count as infringement.
This strict liability framework is what makes copyright trolling so effective. Trolls know that many businesses and individuals are unaware that “accidental” infringement is still infringement. They leverage that uncertainty to demand thousands of dollars in settlements.
What To Do If You Receive a Copyright Demand Letter
- Don’t panic. A demand letter is not the same thing as a lawsuit, but it should be treated seriously.
- Don’t ignore it. Silence can escalate the situation. If you ignore the initial letter, it may then get sent to a law firm and the fees can start to increase.
- Review the claim. Was the use protected by “fair use” or another exception?
- Seek legal advice. Moses Rose can help you understand your risk, negotiate a resolution, or push back if the claim is weak.
Protecting Yourself Proactively
- If necessary, use only licensed stock images and videos from reputable sources. Best practice is to use your own photos or pay the licensing fee associated with the photo/video.
- Keep documentation of where you obtained content.
- Educate your team about copyright basics—especially the misconception that “if it’s on Google, it’s free.”
The Bottom Line
Copyright infringement carries real consequences, take the time to speak to an attorney if you receive a demand letter.