Copyright trolls, often disguised as “image rights specialists,” are more interested in profit than in protecting photographers’ rights. These businesses thrive on scouring the internet for unauthorized image use, then swooping in with demands for hefty “licensing fees” and penalties. While there are genuine companies that responsibly license and enforce the rights of photographers and artists, copyright trolls take a predatory approach, prioritizing profit over fairness.
Sometimes, you can legally use copyrighted material under the doctrine of “fair use.” This applies to certain scenarios like educational purposes, news commentary, or creating a transformative work. However, not all uses qualify. Just because you copy an image from a news source doesn’t automatically make it fair use. There are specific legal criteria that must be met for your use to be protected under this exemption.
Copyright law is unforgiving—strict liability means that whether you knowingly infringed or simply made an innocent mistake, you’re still liable for damages. The real question is how much you’ll have to pay.
If you receive a notice regarding unauthorized use of an image, don’t ignore it. Acknowledge the communication, and immediately seek advice from a copyright attorney. These demands are often just a starting point for negotiation, and you don’t have to settle for the initial “sticker price” they’re asking for.