CLIENT ALERT – BEWARE THE TROLLS

BEWARE THE TROLLS:

There are an alarming number of copyright infringement cases being filed by serial litigants known as “copyright trolls who file hundreds of cases seeking to exploit the burden and costs of a federal litigation to extract significant settlements regardless of the merits of the case. These “trolls” patrol the internet frequently using image recognition software seeking content that may have been improperly copied from online and social media sources.  I am currently defending numerous clients in such litigations.

While necessary to protect creative works, the Copyright Act also provides copyright trolls with powerful incentives to commence questionable lawsuits. Statutory damages of up to $150,000 and attorney fees can be awarded under the law even if no actual damages are proven. The threat of statutory damages is used to coerce settlements in excess of any actual damages. Significantly, wrongful intent is not required for statutory damages nor is it necessary to show that any profits were made as a result of the infringement.  

The ease of sharing on social media results in copyrighted content often being used on websites or social media without first securing the necessary rights.  Attributing credit is not legally sufficient. Additionally, merely linking to the original source on the content will not keep you out of trouble.                 

It is essential to have a sound understanding of copyright and intellectual property laws in defending against copyright trolls. Companies should also make sure that their websites and social media are in compliance to minimize potential damages. If you have been targeted by a copyright troll, contact a knowledgeable intellectual property attorney who has experience handling such cases. 

For more information about defending against copyright trolls ,
you can contact me via email @ nabesq1@gmail.com.