Essential Strategies for Handling Unfounded Image Copyright Claims
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Chapter 1: Understanding Copyright Claims
The digital landscape is constantly changing, and many small businesses find themselves confronted with baseless claims of copyright infringement. In previous discussions, I've shared my experiences with Getty Images and Pixsy, companies that approach unsuspecting businesses, demanding substantial payments for alleged unauthorized image usage.
Recently, a new entity has emerged—Copytrack, located in Berlin, Germany. Although Copytrack was established in 2015, recent internet searches reveal a surge in their claims activity over the past year. Their website proudly claims successful case resolutions in 115 countries.
Interestingly, a client of mine and I both received separate demand letters from Copytrack within the same week, alleging copyright infringement for images belonging to the same rights holder. These claims were baseless, as all the images in question were legitimately licensed through my long-standing Adobe Stock subscription.
Having dealt with similar copyright infringement claims in the past, I've gathered some insights that may assist you if you find yourself in a similar predicament. Please note that these insights stem from personal experience and are not intended as legal counsel.
Section 1.1: Steps to Address Copyright Claims
Thoroughly Investigate the Claim.
When faced with an infringement notice, it's essential to explore the origins of the disputed images and preserve any evidence you find. Investigate the company sending the claim and seek out legal articles, blog posts, or any other relevant information regarding them. The internet offers a wealth of knowledge about how others have navigated similar challenges, potentially providing reassurance that resolutions are possible.
Seek Legal Guidance.
Consulting an attorney to analyze the claim and inform you of your options can be invaluable. They might negotiate a settlement at a lower cost if liability is established. For instance, my attorney revealed that Pixsy had no legal basis for their claim, citing protections under the Digital Millennium Copyright Act for pass-through website operators and possible fair-use defenses.
Acknowledge the Claim.
Although your instinct may be to dismiss the notice, it’s critical to acknowledge it. Request further details, such as:
- Proof of authorization to represent the original copyright holder
- Documentation regarding the images in question
- A history of copyright, including any third-party licensing agreements
Avoid making apologies or admitting fault.
Know Your Rights.
Despite the intimidating nature of these letters, resist the temptation to settle quickly. While these companies purport to defend original copyright owners, they often aim to intimidate small business owners who may lack the resources to fight back. In the United States, they must provide evidence to support their claims of copyright infringement, so it’s essential to request this proof and any necessary documentation. If they fail to comply and continue to assert infringement, this could warrant further scrutiny.
Section 1.2: Take Action Against Unjust Claims
My experiences with Getty Images, Pixsy, and Copytrack highlight a recurring theme—these companies often target small businesses for quick settlements. They employ exaggerated claims or innovative tactics to exploit businesses that may not have the means for protracted legal battles. The key takeaway is to resist intimidation. Seek legal counsel, contest unfair claims, and foster awareness. Only through collective action can we protect ourselves and our fellow entrepreneurs from copyright exploitation.
Chapter 2: Practical Guidance on Copyright Protection
In this video, "How To Copyright Photos - Tips & Tricks - Scott Davenport Vlog #005," viewers can learn essential tips for protecting their images from copyright infringement.
The second video, "3 Quick Copyright Protection Tips for Photographers | Protect Your Intellectual Property," outlines effective strategies for safeguarding your intellectual property rights.