So a Client Asked: "I was accused of copyright infringement, is this legit or a scam?"

So a client asked: “We’re a small nonprofit and received a stern letter from some outfit saying my organization committed copyright infringement by using a photo on our website belonging to their client without permission. We took it down immediately but they want close to $600 for use fees! We didn’t even know the photo was “copyrighted.” Is this legit or a scam?”

Technically, this isn’t a scam but, in my opinion, these outfits are pretty slimy. I’m the first to want to protect creators’ work and be sure they are fairly paid, but in so many of these instances the infringement is innocent. Going after individuals, small businesses and small nonprofits is not helpful and certainly not where the money is. However, the bottom line is that if you post another person’s photo on your website without permission, that is copyright infringement. Let’s tackle the refrain I often hear: “but I didn’t know it was copyrighted!” In the U.S., an original work of authorship (this term includes many creative endeavors) is protected by copyright when it is “fixed in a tangible form of expression.” You don’t have to register with the federal Copyright office for a work to be protected, but registering does offer additional protections. What to do if you receive one of these letters will vary depending upon the circumstances, but copyright litigation is very expensive and I think I can safely say that few if any copyright lawyers are going to court over a $600 fee.

*This post is meant to provide general legal information and is not meant to address any specific legal issue or provide legal advice.