Copyright trolls have a devious business model.
They use copyright law to shake down small business owners and entrepreneurs. They do this by finding minor infringements so that they can demand thousands of dollars in settlements. Getting contacted by a copyright troll can be a painful experience that often feels unfair and a bit unethical.
We explain what copyright trolls do and how any creative entrepreneur can avoid them.
What is a copyright troll?
Copyright trolls are law firms and other companies that pursue sometimes dubious copyright claims on behalf of their clients.
While copyright trolls often claim to protect artists’ rights, they are frequently more interested in collecting highly inflated settlements from minor infringers and small business owners who they believe lack legal counsel.
Their tactics border on unethical, but they often have legal backing.
So, every business owner needs to beware.
What’s wrong with copyright trolls?
The tactics that copyright trolls use are trash and often unethical.
Courts have sanctioned and state bar authorities have disbarred attorneys for going too far with these tactics.
Here are some objectionable things:
- They tend to overstate the claims. Copyright trolls often take legally shaky claims and present them as more substantial than they are to scare people into paying up.
- They go after the little guys. Copyright trolls often target small businesses and individuals who made a mistake. They target people who they think can’t afford legal support.
- They tend to go after old claims. Sometimes the claims they make are so old that they are not enforceable – the Supreme Court is currenty addressing the issue.
- They seek disproportionate settlements. Copyright trolls behave opportunistically by asking for considerable settlements in the thousands of dollars. These same images would have been licensed for anywhere from 50 to a few 100 dollars.
How do copyright trolls work?
The business model for copyright trolls is deviously elegant.
Here’s how copyright trolls work:
🧌 You download a picture off of the Internet.
🧌 A company hired by the copyright holder finds out through a reverse image search.
🧌 That company works with a copyright troll law firm to threaten you with court.
🧌 You receive their strongly worded, over-the-top letter and lose much sleep.
🧌 They use the threat of legal action to get you to pay a highly inflated fee (often 10 times what a license would have cost).
Copyright trolls send letters en masse to collect money from as many people as possible.
How are copyright trolls legal?
This business model is legal because using someone else’s copyrighted works could be an infringement.
Copyright trolls know the law and use it to intimidate and harass, but their threats may have teeth due to this legal fact.
However, some copyright trolls have been disciplined for going too far, which shows how problematic these tactics can be.
Don’t we care about protecting artists’ copyrights?
We are unbending in our need to protect artists’ creative works, but copyright trolls aren’t the answer.
Artists deserve compensation for their work. But we find that a gentler and more humane approach to minor infringements resolves things more quickly than the overbearing tactics of copyright trolls. A more measured approach also avoids the potential for reputation damage and legal backfire that copyright trolls create.
Copyright trolls are generally more concerned with money than with sustainably protecting artists’ rights.
What do you do if copyright trolls contact you?
Don’t ignore them, but don’t say too much
The biggest mistake you can make is to ignore the copyright trolls.
If you ignore them, they usually ramp up their efforts. Even if overstated, they will often have a legal claim, and ignoring them won’t make the claim disappear. Addressing them head-on will help resolve things quickly in your favor.
However, be careful about talking with them until an attorney evaluates their claims.
Have an attorney evaluate their claim
Each legal situation is different.
Your attorney will help you determine the strength of the copyright claim. The strength of the legal claim depends on things like whether or not they have a copyright registration, when the artist created the work, and a variety of other factors. A good copyright lawyer will know precisely how to look at each of these things and give you good advice.
If you’re a Creators’ Legal Program member, you can schedule a free call with us to discuss your situation.
Offer a settlement in exchange for a release.
The copyright trolls don’t want to sue you; they want you to give them money so they can go away.
Even though trolls often start with wildly high numbers, they frequently go away with lesser amounts. That number depends on the strength of their legal claim. If it’s a strong claim, there’s less flexibility; with a weaker claim, there’s more.
We’ve helped our clients pay much less than the copyright trolls initially sought, but every situation differs, so we can’t make guarantees for everyone.
How do you prevent copyright trolls from showing up
Prevention offers the best defense against copyright trolls.
You will never deal with these characters if you play your cards right.
Here’s how you play your cards right:
Understand the basics of copyright infringement
Using any creative work you didn’t make could be copyright infringement.
It doesn’t matter if the use is small, you didn’t make money, or you are a non-profit. If you use someone else’s creative work without permission, the copyright owner may have a right to take you to court. And saying you didn’t know probably won’t work as a defense.
So follow the simple rule: get permission to use something you didn’t create.
Only use licensed imagery on your sites or elsewhere
Services such as Unsplash offer accessible and affordable image licenses (and other platforms do the same for music and video).
Find services that offer licenses or contact the copyright holder directly. You want to have permission in writing that shows you can use the creative work.
And you’ll sleep better knowing you went through the proper channels.
Do an audit of your sites to see if you have any images that could be infringing.
You might have images on your site right now that are infringing.
But you don’t need to freak out—you need to take action. Start by reviewing your site’s pages to ensure that all the images you use have been appropriately licensed. You should remove any that haven’t.
If you feel uncertain about any of it, talk to an attorney—it’s much cheaper than getting smacked down by a copyright troll.
