Nonprofits and businesses across the United States have been increasingly inundated with cease and desist letters from entities like PicRights, ImageRights, CopyTrack, CopyPants, and Pixsy; alleging copyright infringement and demanding payment for licensing fees. While these companies are legitimate, it is important to recognize that they are not law firms, and their practices may not always be truthful.
Using automated bots to scan the internet for image matches, companies like PicRights often resort to sending intimidating automated emails to coerce individuals into paying without questioning the validity of their claim. However, numerous cases have emerged where their claims are false or inaccurate. In some instances, these companies do not even represent the true owner of the disputed photograph and lack the ability to pursue legal action. Moreover, there have been cases where businesses have obtained proper licensing or fall within the boundaries of the Fair Use Exemption when using the disputed photo.
To help you navigate this situation, we have compiled a list of helpful resources and articles that explain how these predatory companies operate and provide guidance on steps you can take to address the issue effectively.
For nonprofits, one of the most frequent copyright infringement claims arises from the usage of photos from news articles that feature their organization. It is common practice for nonprofits to share these articles and have dedicated sections on their websites, such as ‘In the News’ or ‘Press’. Unfortunately, these news sections have become a primary target for copyright infringement claims.
Surprisingly, even if the articles are shared through external links that redirect to the original publication’s website, the publications may still seek compensation for the use of their photos.
However, nonprofits may still be within their right to use these photos as they fulfill the 4 factors that US courts use to determine Fair Use Exemption.
Consider carefully whether to accept any future offers from newspapers to feature your nonprofit. While visibility is important, it’s crucial to evaluate continuing a relationship with the newspaper that previously sued you for promoting their article. Would a true ally threaten you with litigation and demand money? Such predatory behaviors should not be rewarded by continued partnership.
On the other hand, the newspaper in question might not even be aware that a 3rd party is making copyright claims and demanding money in their name.
Either way, newspaper subscriptions are declining, and if non-subscribers are unable to access the article, the visibility gained is extremely limited. Exploring alternative options can be beneficial for your nonprofit’s visibility.
One example of an influential figure is @sambentley, who runs the “Good News Channel” on Instagram. With an impressive 1.3 million followers and videos averaging 1.8 million views, getting featured on his channel could be a significant boost for your nonprofit. Sam is just the tip of the iceberg. More prominent influencers have over 20 million followers and average 54 million views per video.
To put it into perspective, in 2021, The Washington Post had 2.5 million subscribers and has been hemorrhaging subscribers at a rate of 500,000 per year. In October, 2023 The Post cut 240 jobs and lost $100 million in 2023 according to the New York Times. Now you see why newspapers, like the Washington Post, have resorted to hiring predatory companies to collect money for them through other means this year.
Nonprofits and businesses need to be cautious when dealing with copyright infringement claims from companies like PicRights and others. While these companies may send intimidating cease and desist letters, it’s important to question the validity of their claims and seek legal advice. By following the steps outlined in this guide, organizations can effectively address the issue and protect themselves from unwarranted licensing fees.
Additionally, taking proactive measures to avoid copyright infringement in the future, such as obtaining permission, using alternative sources for photos, and forming partnerships with online publications and influencers, can help nonprofits gain visibility without the risk of legal entanglements.