Beware the Copyright Troll: A Journalist’s Tale of Intimidation and Resistance
The following is a submission from a journalist who has written this under the pseudonym. Sally Anne Jackson. The author notes that the law firm mentioned in this story is known to be extremely litigious. For legal protection, she is using pseudonyms for persons, companies, websites, case numbers, and myself.
Fellow journalists, are you familiar with the problem of copyright trolls? I’ve just been through an experience I hope you can avoid. Moreover, if you’ve ever been exploited by a copyright troll and it cost you money, you may be interested in a potential remedy.
The Beginning: A Threatening Letter
It started with an email from Alex Porter, a junior legal assistant at “Smith & Partners,” claiming that a charity I’m associated with had infringed on copyrighted material. The letter demanded $1,250 to settle and threatened that if I didn’t pay, they would sue – and under U.S. copyright law, I could face up to $30,000 in fines plus attorney’s fees.
I was stunned. The images in question were used for legitimate journalistic purposes in articles I had written for our Association. I hadn’t selected them myself, nor was I aware of any copyright restrictions. However, as a content creator, I did not want to use material without proper rights, so I immediately directed the website creator for the charity to take down the images.
I explained to the firm that had sent me the threatening letter:
“I am a journalist who authored articles published by The Association of Foreign Press Correspondents, an organization that selected and provided the images for these articles. At no point did I personally select these images, nor was I aware of any copyright restrictions, as they were furnished by my employer for legitimate journalistic purposes.” I went on to explain that on learning that the images were in contention, I had asked the website creator to remove the images.
But this wasn’t enough. The law firm continued with aggressive emails, insisting I had committed theft and was legally responsible.
One communication read:
“This is our last attempt to communicate with you. Your case has now been escalated to our attorneys for litigation review. All prior offers to resolve this matter have been revoked. Our correspondence provides us with evidence that we attempted multiple times to resolve this amicably prior to escalation.”
At this point, I was alarmed enough to begin researching copyright trolls. I found that the firm I was dealing with was among the most prominent and aggressive. As Hal Tezcan (his real name) wrote in his 2023 Medium article, ”Copyright Trolls,” “…three-quarters to four-fifths of all recipients of demand letters pay up without contesting potential liability.” Tezcan further considered that if you go by case numbers he’d seen during a four-month period, the troll he studied could be sending out an enormous number of demand letters. Using my understanding of his numbers, I calculate the firm I was dealing with might be sending threatening letters at a possible rate of 1,000 per month.
Again, my calculation, not Tezcan’s, is if 750 people per month are paying, on average, $1000 each, then the copyright troll could be making in the range of $750,000 a month from this scheme.
Why do so many pay? Because the amounts demanded ($600–$1,400) are small enough compared to the cost of hiring a lawyer that settlement seems like the practical choice.
Common Characteristics of Copyright Trolls
The letters I received from the firm that was threatening me shared the classic traits of trolling scams:
Threatening Language: Urgent, intimidating demands for payment, citing exaggerated damages such as $30,000 under 17 U.S. Code §504.
Vague Evidence: No clear proof of infringement, relying instead on generic URLs or unverified screenshots.
Pressure Tactics: Immediate payment demands to “settle” without negotiation.
Before I realized these letters were part of an extortionate business model, their threats of litigation and serious financial costs to me were causing sleepless nights.
The End: Lessons and Resilience
Copyright trolls thrive on fear, targeting those least equipped to fight back. Independent journalists working on tight budgets are prime targets. But we are not powerless. There are tools to detect and resist these schemes.
Detecting Copyright Troll Scams
Watch for Threatening Language: Urgent demands, legal threats, and exaggerated penalties.
Scrutinize Evidence: Legitimate claims include original files or licensing agreements. Trolls offer vague references.
Verify Senders: Check firm names, domains, and reputations. However, the fact is some do have legitimate businesses, so that information may not be enough to protect you.
Be Wary of Payment Demands: Especially for immediate, non-negotiable settlements.
Research the Firm: Search online for complaints or reports of similar tactics. Include the name of the firm that is threatening you and words like “scam,” or “troll.” This, you will find, is a rich vein of information. Since there are possibly dozens of Internet copyright trolls, and they send out demand letters on a simply industrial scale, there are a lot of individuals who can give you information on their experience with the firm you’re dealing with.
Resist
Don’t Panic: Trolls rely on fear to force quick payments.
Verify the Claim: Determine whether the image was used by you or provided by a third party with proper rights.
Document Everything: Save all correspondence and actions taken.
Consider a Low Settlement: Many trolls prefer easy money over litigation, which is costly for them. You might find making an offer a quick way of ending the problem. Test the waters.
Consult a Lawyer if Feasible: Even a brief consultation can clarify your rights.
Report and Share: File complaints with the Better Business Bureau or your consumer protection agency. Inform colleagues (as I’m trying to do now) to build collective awareness.
Secure Your Content: Use licensed or original images and ensure third-party vendors comply with copyright law.
My encounter with Smith & Partners was a reminder of our vulnerability as journalists. If you receive such a letter, stand firm, verify the claim, and do not let fear dictate your response. By sharing our experiences and standing together, we journalists can expose and resist copyright trolls, protecting our work and our peace of mind.
Importantly, if you have been targeted and exploited, consider searching for class action suits against the company. Type its name along with “class action” to see if there’s an existing class action lawsuit. In many cases, there is.
