Introduction

A new IP rights enforcement company has popped up on the Vondran Legalr IP infringement radar. Here is what I learned.

Copytrack is a copyright enforcement agency that assists photographers and visual content creators in protecting their intellectual property rights. While Copytrack is not a law firm and does not initiate legal proceedings directly, it collaborates with a global network of partner law firms to pursue legal action when necessary. Specific details about Copytrack law firm partners are not publicly disclosed. If a case is not settled, Copytrack may escalate the matter to their affiliated attorneys for legal enforcement.

It's important to note that receiving a demand letter from Copytrack should be taken seriously. I have written similar blogs when dealing with SRIP, Higbee & Associates, Picrights, and others. While Copytrack is not a law firm, they have the capacity to escalate issues to legal partners if necessary. Typically, you can expect to settle for lower amounts if you can avoid legal action.

If you have received a demand letter from Copytrack, it's advisable to consult with a copyright attorney to understand your rights and determine the best course of action. An experienced intellectual property attorney can analyze the claim, explore possible defenses, and negotiate on your behalf.

According to the Copytrack website:

"Copytrack's services are aimed at professional photographers, illustrators, publishers, and news and image agencies – such as online shops which are dependent on appropriate remuneration for the use of their pictures.Wherever commercial damages occur, we stand up for the image rights of our customers. We offer an all-around service that enables our customers to detect and prosecute copyright infringements 100% risk-free without the need for an expensive lawyer."

Copytrack in the Courts: Federal District Court of Florida

I found a handful of lawsuits that referenced Copytrack. Thus, as a copyright photo infringment litigator, I have to assume they will take a company to court if needed. Here is a case I found. I found about 5 or so lawsuits referencing them in the United States. It appears they may be located in Germany.

How to respond to a CopyTrack demand letter

Here are some things you should always consider in a copyright infringment case when your company is the target.

1. Is the image at issue copyright registered with the United States Copyright OfficeIf not, this can severely cripple a plaintiff's claim.

2. Is there a good argument for copyright fair useMeaning, you used the image at issue to comment, criticize, or parody (often overlooked by Plaintiff photo infringement counsel). If it is fair use, it is NOT an infringement. A California fair use lawyer can help you make this important assessment.

3. Can the photographer, drone aerial photographer, automobile photographer, landscape artist, or stock food artist establish evidence of specific or comparison prior licensing history? Many times this is reserved for litigation, but it never hurts to ask. Photo infringment attorneys typically "price the file" and go after damages similar to prior licensing, along with a built-in infringement penalty meant to deter and compensate the photographer plaintiff for constantly having to pay attorneys to enforce their rights in an on-going game of "whack-a-mole" infringement detection and prosecution.

4. There are many other factors to consider, such as financial hardships and whether there is an "innocent infringer defense."

How much does it cost to settle a photo infringement case?

Here is a great video to watch that will provide some general insight. Remember, every case is different.