📋 Overview

You've received a demand letter or notice claiming you infringed someone's copyright. This could be for using an image, video clip, music, text, or other creative work. Copyright infringement is serious, but many claims can be defended with fair use, licensing, or other defenses.

Take It Seriously

Copyright infringement can result in statutory damages of $750 to $150,000 per work, plus attorney fees. Don't ignore the claim.

Many Claims Are Weak

Copyright trolls send mass demand letters hoping for quick settlements. Many claims have defenses or are outright invalid.

Fair Use Is Real

17 USC 107 provides strong protection for transformative use, commentary, education, and news reporting.

Common Copyright Claims

  • Stock photo claims - Using images found online without a license
  • Music in videos - Background music or clips in YouTube/social media content
  • Text/article copying - Republishing written content without permission
  • Software piracy - Using unlicensed software in your business
  • Video clips - Including movie or TV clips in your content
  • Font licensing - Using fonts without proper commercial license
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Copyright Response Service

Professional analysis and response to copyright demand letters, including fair use evaluation and settlement negotiation.

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🔍 Evaluate the Claim

Before responding, carefully analyze the claim to understand your exposure and defenses.

Claim Validity Checklist

Question What to Check Impact
Do they own the copyright? Verify registration at copyright.gov, check chain of title No ownership = no claim
Is it actually your content? Confirm the URL/image they identified is actually yours Wrong target = no liability
Did you actually use it? Check your records, web archives, uploads No use = no infringement
Was it registered before infringement? Check registration date vs. your use date Affects available damages
Is it within statute of limitations? 3 years from discovery of infringement Time-barred claims dismissed
Did you have a license? Check purchase records, Creative Commons, stock sites License = complete defense

📄 Investigate Their Claim

  • ✓ Search copyright.gov for registration
  • ✓ Research the sender (lawyer or copyright troll?)
  • ✓ Verify the content they claim is actually theirs
  • ✓ Check if they've filed similar mass claims

📋 Review Your Use

  • ✓ Where did you get the content?
  • ✓ Do you have any license or receipt?
  • ✓ How did you use it (commercial/personal)?
  • ✓ Was your use transformative?

Copyright Trolls

Some companies (like Getty Images, Pixsy, Copytrack) send mass demand letters seeking quick settlements. These "trolls" often demand $500-$5,000 for images that license for $50-$200. Research the sender before responding - you may have leverage to negotiate significantly lower or dismiss the claim entirely.

🛡 Your Defenses

Copyright law provides several defenses that may protect you from liability.

Fair Use (17 USC 107)

Fair use allows limited use of copyrighted material without permission for purposes like criticism, commentary, news reporting, teaching, scholarship, or research. Courts analyze four factors: (1) purpose and character, (2) nature of work, (3) amount used, (4) market effect.

When to use: Reviews, parody, educational content, news coverage, transformative uses.

License/Authorization

You have a valid license or permission to use the content. This includes stock photo licenses, Creative Commons licenses, or direct permission from the copyright owner.

When to use: You purchased it, it was CC-licensed, or the owner gave permission.

Not Copyrightable

Not everything is copyrightable. Facts, ideas, titles, short phrases, and functional works may not qualify for copyright protection. The work must have sufficient originality.

When to use: Simple photos, facts, ideas, or works lacking originality.

Innocent Infringement

If the work had no copyright notice and you reasonably believed it was free to use, damages may be reduced to as low as $200 per work under 17 USC 504(c)(2).

When to use: You found content without attribution or "free" claims.

Statute of Limitations

Copyright claims must be filed within 3 years of when the owner discovered (or should have discovered) the infringement. Time-barred claims can be dismissed.

When to use: The alleged use was more than 3 years ago and they knew about it.

De Minimis Use

Using a trivial amount of a copyrighted work may not constitute infringement. If the use is so small or insignificant that the ordinary observer wouldn't recognize it, courts may find no infringement occurred.

⚖ Response Options

Based on your situation, consider these response strategies.

Negotiate Settlement

If you did use the content, negotiate a reasonable licensing fee rather than paying inflated demand amounts. Most trolls will accept much less.

  • Pay fair market license rate
  • Typically 50-80% less than demand
  • Get full release in writing

Assert Fair Use

If your use is protected by fair use, respond asserting your rights. Document your defense and be prepared to defend if they sue.

  • Strong defense if applicable
  • May deter further action
  • Risk of lawsuit remains

Remove & Respond

Remove the content immediately and respond acknowledging removal. This may resolve the matter or reduce negotiated settlement.

  • Shows good faith
  • Reduces ongoing exposure
  • Strengthens negotiating position

Challenge the Claim

If you have evidence the claim is fraudulent, you don't own the content, or they don't own the copyright, dispute the claim entirely.

  • Dismiss baseless claims
  • Requires evidence
  • May escalate to lawsuit

Don't Ignore It

While some demand letters are from trolls who rarely sue, ignoring the letter can be used against you in court as evidence of willful infringement (which triples damages). Always respond professionally, even if just to deny the claim.

📝 Sample Response Letters

Use these templates as starting points for your response.

Response - Fair Use Defense
Re: Your Demand Letter Dated [DATE] - [Their Reference #] Dear [Sender Name]: I am in receipt of your letter alleging copyright infringement. After careful review, I dispute your claim because my use of the material constitutes fair use under 17 USC 107. My use was for the purpose of [criticism/commentary/education/news reporting/parody], which is exactly the type of transformative use that fair use protects. Specifically: 1. Purpose and Character: My use was transformative, adding [new meaning/commentary/criticism] to the original work. 2. Amount Used: I used only [brief description - e.g., a small portion/thumbnail] of the original work. 3. Market Effect: My use does not substitute for the original or harm its market value. In fact, [explain how it may benefit them]. I have a good faith belief that my use is lawful and I will vigorously defend my fair use rights if this matter proceeds to litigation. Sincerely, [YOUR NAME]
Response - Licensed Content
Re: Your Demand Letter - [Reference Number] Dear [Sender Name]: I have reviewed your demand regarding my use of the image/content identified in your letter. I dispute your claim because I have a valid license for this content. I obtained this content through [stock photo site/Creative Commons/direct license] on [date]. My license/order information is: [License ID or order number]. The license I hold permits the use described in your letter. Therefore, my use is fully authorized and no infringement has occurred. If you believe there is an error, please provide documentation of your client's exclusive rights and explain how my licensed use would nevertheless constitute infringement. Otherwise, please consider this matter closed. Regards, [YOUR NAME]
Response - Settlement Negotiation
Re: Settlement Discussion - [Their Reference] Dear [Sender Name]: I received your demand letter regarding my use of [description of content]. Without admitting liability, I am willing to discuss a reasonable resolution of this matter. However, your demand of [$AMOUNT] is significantly higher than the fair market licensing rate for this type of content. According to [your research - stock site pricing, industry standards], a standard license for this content would cost approximately [$XX-$XX]. In the interest of resolving this matter without litigation, I would consider a settlement payment of [$AMOUNT] in exchange for a full release of all claims. This amount reflects a fair licensing fee plus reasonable costs. This offer is made pursuant to Federal Rule of Evidence 408 and is for settlement purposes only. It is not an admission of liability and may not be used as evidence in any proceeding. Please respond with your client's position by [DATE]. Sincerely, [YOUR NAME]

🚀 Next Steps

Follow this timeline after receiving a copyright claim.

Step 1: Preserve Evidence

Screenshot everything. Save the original content, your use, any licenses, and communications.

Step 2: Research the Claim

Verify copyright registration, research the sender, check for mass demand letter patterns.

Step 3: Analyze Your Use

Determine if you have a license, fair use defense, or other protection. Check where you got the content.

Step 4: Respond Strategically

Choose your response: negotiate, assert defense, or challenge. Always respond before deadlines.

If They File a Lawsuit

  • Federal court - Copyright cases are heard in federal district court
  • Answer within 21 days - Failure to respond results in default judgment
  • Assert defenses - Fair use, license, non-infringement must be raised in answer
  • Counterclaims - You may have claims for copyright misuse or abuse of process

Get Professional Help

Copyright claims can be complex. Get a professional analysis and response strategy from an experienced attorney.

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Key Legal Resources

  • 17 USC 101-1332: The Copyright Act - federal copyright law
  • 17 USC 107: Fair use doctrine
  • 17 USC 504: Statutory damages provisions
  • Copyright.gov: Search registrations and learn about copyright