Seattle Trademark Lawyer

There’s been an unfortunate uptick in claims by copyright trolls. Beware, as this is a costly problem you can easily avoid.

Copyright trolls often create innocuous “placeholder” images that websites and blogs frequently use as a visual to fill dead space. Think of a photograph of papers on a desk or a fountain pen resting on a contract. Trolls then upload the images to stock photo sites that appear to allow their download and use free of charge. But… the site actually conditions such use on attributing the photographer, or noncommercial use, or attaches other strings. Those terms are buried in the bowels of the license agreement, which are frequently accepted with a click and without the user understanding or even reading.

That’s a shame, because that’s where the troll strikes. They find unauthorized use, and then they pounce. Ah ha! Your use is unauthorized! You’re infringing my copyright! Pay me $10k! If you don’t, I’ll sue!

Realizing its use was technically improper, and that fighting it in court will cost a bundle, the user figures it’s worth paying something to make the problem go away. In legal parlance, this is known as a “nuisance” settlement.

It’s a difficult situation. Payment enriches the troll, rewards predatory abuse of the Copyright Act, and depletes scarce resources from a productive member of society. In my book, this is a social wrong — if not an evil — that’s as bad or worse as spamming and cybersquatting.

Don’t let this happen to you. Only use images from a source you trust, read the fine print, and if you have any doubt about an image, don’t use it. Until the law treats copyright trolls (and the unsavory lawyers who help them) as criminals, the best you can do is ensure that you don’t become their victim.