By Mike DuBose
Many innocent victims are facing lawsuits for using unknown copyrighted pictures. In fact, a photographer was recently awarded $6 million after a jury found a non-profit guilty of using his pictures without permission. A small Prosperity, SC church was sued by a New Hampshire photographer for their posting his photographs of mountain scenes on their website’s sermons. A business colleague was blindsided Christmas with $70,000 lawsuit summons by North Carolina lawyers representing a photographer for unauthorized use of photos. Five years earlier, upon closing her business, she donated a website to a non-profit charity. However, there were two, unknown copyrighted images she purchased “20 years ago.” imbedded on the website. Likewise, two of our companies were sued when staff unknowingly utilized pictures from the public Internet without any copyright/ownership markings.
Most of us have contracted professional photographers for weddings, receptions, business events, and advertising. We share photos with friends, relatives, public, and clients on Facebook, websites, and marketing materials. While you pay thousands of dollars for their services, “photographers own the images.” Some professionals may, without your knowledge, register their works with the US Copyright Office. Ethical photographers warn through written agreements to purchase or license the rights from them.
As researchers, authors, and artists, many of us have worked hard for years to share our experiences, knowledge, and works with others that warrant protections. However, greedy photographers and law firms called “ambulance chasers” are ruthlessly extracting easy-money from us. While most attorneys (and photographers) are professionals who adhere to legal and ethical standards, research refers to the unethical as “trolling lawyers” who have sold their souls for money. In fact, during depositions, a photographer, who was also an attorney, admitted taking hundreds of photographs and registered them with the copyright office. He intentionally dumped them without copyright or ownership markings into the public Internet domain to lure unsuspecting victims into using them—then sued everyone. In sworn affidavits, he reported making $400,000 annually from “easy prey.”
To defend yourself against these evil attacks, consider the following:
Step 1: Unethical photographers, who have registered their work with the US Copyright Office, engage with “trolling law firms.” The parties agree to share the profits of any legal actions that the attorney extort from the innocent through threatening letters or lawsuits. It’s sad but the following is legal because of the copyright laws.
Step 2: Trolling lawyers use highly-sophisticated software to search the Internet for pictures that match images photographers registered with the copyright office. Once photos are identified, the firm and photographer assess if potential violations have been licensed or purchased.
Step 3: If images are suspect, “demand letters” will be sent to the organizational leaders or individuals notifying that they and/or third-parties are using unauthorized photographs and huge payments are required. When our businesses were sued, initial notices were found in SPAM e-mail. The trollers require names of your insurance companies since they know insurers will settle and score quick money strikes. The letter warns recipients that if they don’t respond by certain dates, further legal action will be implemented. Initially explore communications to detect fraudsters, but if the letters appear legitimate, treat them as an urgent threat.
Step 4: If you don’t, lawsuits will be filed and your attorney must communicate in thirty days. The trolling law firm will continue to threaten you to “Pay up.” even if you didn’t intentionally and knowingly use the photographs and have removed the images. Forgiveness and being reasonable or sensible are not their endgame. Most parties being attacked settle out of court with the hoodlums.
In our friend’s case, she knew the lawsuit was frivolous and vigorously fought the adverse attack. Yet, this trolling law firm was unwilling to lower their unreasonable demands and in fact, sued the non-profit too. This led to tremendous amounts of wasted time, stress, and meetings over a year between lawyers, insurance agents, litigators, and clients. The frustrating, sad result was the victim paid $25,000 in legal fees to her copyright attorney and the insurance company settled for $20,000 to the photographer for the bogus two-picture claims.
How can individuals, non-profits, or businesses reduce threats? Scott Mosely with Irmo Insurance recommends “families purchase $1 million liability add-on to their home/auto policy which costs about $150 annually. It covers against a wide-range of threats since you can be sued for anything.” There were 100 million lawsuits filed in federal courts during 2023. Businesses and non-profits should buy additional “Cyber Insurance” to address intellectual property breaches. This includes protections for websites, social media, and marketing materials. The coverage will address infringements of the American Disabilities Act, HIPAA privacy laws, copyrights, photos, and content. Umbrella business and other liability coverage, while definitely needed, may not address all intellectual property libelous issues. Ensure staff and contractors, like web designers, avoid using Internet photographs without written permission. Take your own snapshots or secure low-cost stock photos from reputable companies like www.shutterstock.com. Carefully examine your on-line presence to ensure there aren’t potential copyright hazards.
Attorney Thomas Moses with Southeast IP Group (www.seiplaw.com) who has defended hundreds of clients against copyright and trademark violations recommends: “engage with lawyers who are well-versed in copyright and trademark laws since threatening attorneys have advanced experience and knowledge in copyright lawsuits. Avoid responding to threats yourself. It’s best to analyze and reduce legal threats before they escalate.” If there’s evidence photos are copyrighted, remove them and contact your insurance company and lawyer.
“Hope for the best and plan for the worse.” Conniving thieves are very crafty “making a quick buck.” You might be next.
Contact Mike at [email protected]. Visit his nonprofit website www.mikedubose.com and register to receive his monthly articles or Daily Thoughts plus free access to his books, including “The Art of Building Great Businesses.” The website includes 100+ published articles he has written on business, travel, and personal topics, in addition to health research with Surb Guram, MD and David Hurst, DMV.
