SRIP come calling for copyright infringement?

Steve Vondran, Esq. has handled hundreds of photo infringement lawsuits from both a Plaintiff and Defense perspective. Handling photo infringement claims requires a special skill-set and there is no substitute for experience. If you have a client in need of copyright counsel, consider VondranLegal.com

According to their website they are an IP enforcement law firm that helps artists protect their content. We know them from pursuing many copyright infringement cases dealing with all kinds of photograpy. They list offices in New York, Los Angeles, Boca Raton, Florida, and Nashville, Tennessee. However, the map they show on their website lists other states such as Colorado, Connecticut, Wisconsin, Texas and Georgia as other states where they have legal counsel.

They note that one practice area dealing with copyright is "aerial photography". (ex. drone video footage). From our experience defending cases against SRIP, they can be very tough and seek high settlement amounts. If you received a legal demand letter, or worse, a lawsuit, contact us before doing anything else.

Another company that similarly enforces copyrighted photos is Higbee & Associates and Peppercorn Partners.

As you can see by this LexMachina chart, SRIP files a ton of lawsuits in the copyright area. It appears their specialty is in photography cases.

SRIP CLIENTS

Some of their top clients appear to be:

Volstar Technologies
Panoramic Stock Images
Fotohaus, LLC
Viral DRM, LLC
Affordable Aerial Photography, Inc.

Some defenses and mitigating factors for claims of copyright infringement include the following:

The defendant used a photo to comment, criticize or for scholarly purposes (or for other reasons), and thus has a "fair use" defense

The defendant had a paid license (ex. through a stock footage company)

Defendant's use was "innocent copyright infringement" (not always easy to prove, but a possible defense)

Others

As in any photo infringement defense case, here are a few things to consider:

When you get a demand letter or lawsuit, call legal counsel FIRST. Some people try to call the law firm and admit liability and claim "we just made a mistake can I pay you $50." This type of approach is not likely to work, and you just admitted your liability.

Typically, you will be requested to take down the image(s) at issue. Discuss with your attorney first, if you don't have legal rights to use the photograph, then this is usually a wise step.

Make sure the company you are dealing with has legal authorization to seek enforcement on behalf of their client (is there a power of attorney signed)?

Check the copyright registration (this is needed to file a lawsuit - and settlement amounts can often be tied into whether the plaintiff can file a lawsuit, and if so, are the damages limited to "actual damages" or can they seek the full range of potential copyright infringement damages (click to watch video on damages).

You may also need to request the specimen deposit the photographer submitted to the United States Copyright Office ("USCO") to obtain the copyright. Fees will apply and could exceed $800 for expedited retrieval.

This is not an exclusive list, but some important things to consider. Many times these cases can be settled quickly, even after a lawsuit is filed.

Lately, we have seen lawsuits by SRIP going after YouTubers who are alleged to be copyright infringers. Our firm provides fair-use opinion letters, and it is important to note that you need to be very careful when using third-party content in your YouTube or Vimeo videos. Large production studios and independent filmmakers have known this for decades and routinely seek fair use opinion letters so they can distribute their movies. However, YouTubers are somewhat new to the scene, and many do not yet realize the importance of clearing your use of third-party copyrights and trademarks and addressing potential right of publicity issues.

My general advice to YouTubers is:

Create the content yourself

Pay someone to do it (ex. Fiverr or engage a photographer, videographer, etc.) making sure you get the RIGHTS IN WRITING via a copyright assignment agreement or work-for-hire agreement.

Find content that is in the public domain (ex. film, music, video that is from 1920 or earlier, but do not rely on this; other issues of ownership could arise)

Find something you can use via a creative commons license

Seek permission from the proper parties to use their content (paying for it if need be), but get your AGREEMENTS IN WRITING

If you cannot do the above, make sure EACH third-party clip you are using qualifies for FAIR USE PROTECTION under 17 U.S.C. 107. Fair use is a four-factor test.

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