Patent Attorney and Founder
Question:
I need advice on a situation we’re dealing with. I work for a company that manufactures golf carts, and recently, some of our top dealers received copyright claims on pictures they took of our carts. We’re not the only ones facing these claims, and our dealers are now afraid to advertise our carts, fearing that their pages might be taken down. They’ve submitted appeals to Facebook and other social platforms to try and get the posts reinstated, but it seems like the platforms are siding with the owner of the copyright. They’re having trouble, and we’re not sure what to do. What’s going on here?
Answer:
Matt: That’s really unfortunate. Copyright claims are, unfortunately, not uncommon. I often receive emails from clients who get a notice of infringement because they used someone else’s photo online without permission, and then a firm comes after them, demanding compensation. These situations can get really expensive, especially if you’re dealing with a determined litigator. Each copyright claim can potentially cost around $20,000 or more, so it’s a serious issue.
Matt: However, what you’re describing sounds different. It seems like the person sending these demands may not actually own the copyright in question. This could be a major ethical problem, especially if the entity is represented by an attorney. I would definitely recommend following up with a copyright attorney. I know a really good one who could assist in this situation. If the claims are not legitimate, a strong letter from a lawyer threatening sanctions could resolve this quickly.
JD: Just to clarify, copyright typically covers creative works, so I’m guessing there might be some image, logo, or design involved here.
Matt: It’s possible that the manufacturer hired a third party to take photographs of the carts, and maybe that third party retained the copyright to the photos. If that’s the case, and there wasn’t a work-for-hire agreement in place, the photographer could be within their rights to pursue claims. It’s a tricky situation, but with the right legal advice, you should be able to navigate it.