Do Not Feed the Copyright Trolls
If your business receives a letter demanding thousands of dollars for using an image or video on your website, you're not alone. Copyright infringement claims—especially involving online content—have become increasingly common in Georgia and nationwide. Some of these demands come from what are informally called "copyright trolls": rights-holders or attorneys focused on securing quick settlements from alleged infringers.
Knowing how to evaluate and respond to these claims can protect your business from overpaying, reputational harm, and future targeting.
What Is Copyright Troll Litigation?
A typical scenario involves a business using a photo or media file sourced from the internet—sometimes without realizing it's protected by copyright. The business may then receive a demand letter alleging infringement and asking for payment, often in the range of $5,000 to $20,000. In some cases, the first notice isn’t a letter at all—it’s a lawsuit.
While enforcing copyright is a legitimate legal right, some actors pursue claims with tactics designed to pressure businesses into fast settlements without clear evidence of damages or good-faith negotiation. These entities often:
Use reverse image search software to find minor online uses of copyrighted works
Threaten statutory damages under the U.S. Copyright Act, which can far exceed actual market value
Demand settlement amounts disproportionate to the license fee the content would normally command
It's important to distinguish these aggressive claims from legitimate enforcement actions. Even so, your response should always be measured and strategic.
What Are Statutory Damages and Why Do They Matter?
Under the U.S. Copyright Act, a copyright owner can seek statutory damages between $750 and $30,000 per work infringed—and up to $150,000 for willful infringement. These numbers often form the basis of a settlement demand, even if the actual harm caused by the alleged infringement is minimal.
However, not all uses qualify for statutory damages, and not all claims are enforceable. Determining whether a work is validly registered with the U.S. Copyright Office (and when) can have a significant impact on available remedies. Evaluating these issues is critical before responding to any demand.
Should You Settle or Fight?
Settling may seem like the quickest way to resolve the issue, especially if you want to avoid court. But doing so without legal guidance can carry risks:
You may overpay significantly based on an inflated threat
You may encourage follow-up demands from the same source or others
You may miss valid defenses that could reduce or eliminate liability
A legal response from counsel, even in the form of a firm but professional letter, often changes the tone of negotiations. Many claimants adjust their settlement positions—or disengage—once they realize the target is informed and represented.
What Are Common Defenses to Copyright Claims?
Every case is fact-specific, but common defenses include:
Fair Use: Depending on how the work was used (commentary, parody, education, etc.), the use may be lawful
Lack of Registration: Statutory damages and attorney’s fees are not available if the work wasn’t registered before the alleged infringement
De Minimis Use: The use may be so limited or insignificant that it doesn't rise to the level of infringement
License or Implied Consent: In some cases, use was authorized through a license (express or implied), even if not well-documented
Counsel can help evaluate which defenses may apply and whether a counteroffer or litigation strategy is warranted.
How to Reduce Risk Going Forward
The best defense is a proactive content strategy. Businesses should:
Use licensed or royalty-free content from reputable sources (e.g., Shutterstock, Unsplash, Adobe Stock)
Maintain records of content licenses and purchase confirmations
Implement internal review policies before publishing content
Use content management systems that tag or filter protected works
A preemptive consultation with a copyright attorney can help set policies that reduce exposure and signal to would-be claimants that your business takes IP law seriously.
You Don’t Have to Navigate This Alone
If your business has received a demand letter or complaint alleging copyright infringement, you don’t have to handle it solo. At Conway Eader, we represent Georgia businesses in defending against overreaching copyright claims. Our approach is strategic, cost-conscious, and focused on minimizing long-term risk.
Contact us today to schedule a free consultation and learn how we can help you respond—and protect your business going forward.