Is Someone Threatening You With a Copyright Lawsuit? What to Do First

A letter arrives. It says you used someone's photograph, video, clip, font, or article without permission. It demands several thousand dollars within ten days and warns that statutory damages can reach $150,000 per work. It is written to make you pay immediately, without asking questions. Ask the questions.

A demand letter is not a judgment

Anyone can send a letter. Sending one costs almost nothing, and an entire industry now runs on volume: automated image-matching software scans the web, and settlement demands go out by the thousand, priced deliberately below the cost of hiring a lawyer. The business model depends on recipients assuming the claim must be valid because it looks official.

Some claims are valid. Many are exaggerated. A meaningful number are asserted by people who do not own what they claim to own.

Seven things to do before you respond

Do not admit anything. An apology or an offer to "make it right" can be quoted back at you as an admission of copying and willfulness.
Preserve everything. Keep the letter, the envelope, any takedown notices, the file itself, your license or purchase records, and the page as it appeared. Do not quietly destroy records.
Find out where the material came from. A stock license, a client, a contractor, a template, or a platform's built-in library can shift responsibility entirely — and a valid license ends the matter.
Check whether the sender actually owns the work. Ask for proof of ownership and the registration number. Agents and aggregators routinely demand money for works they do not control.
Check the registration date. Under U.S. law, statutory damages and attorney's fees are generally unavailable unless the work was registered before the infringement began (or within three months of first publication). Without them, the realistic exposure is actual damages — often a modest licensing fee, not five figures.
Consider whether your use was fair use. Commentary, criticism, news reporting, research, parody, and genuinely transformative uses are the strongest cases.
Get it reviewed before the deadline passes. The deadline in the letter is the sender's deadline, not the law's — but ignoring a claim entirely is not a strategy either.

When a copyright claim is being used to silence you

Copyright is a property right. It is also, increasingly, a censorship tool. Takedown notices get filed against reviews, investigative reporting, research, and historically significant records — not because the sender wants to license the work, but because they want it gone.

Our firm litigated exactly that scenario. In a case involving the Zapruder film — the most consequential piece of documentary footage of the 20th century — a copyright claim was pressed to control public access to historical material. The court's ruling is available in full on this site.

Read the case study: Defeating a Copyright Claim Over the Zapruder Film — or go straight to the court's memorandum opinion.

Defenses people overlook

No ownership. Possessing a copy is not owning the copyright. Chain of title breaks constantly through assignments, work-for-hire disputes, and estates.
Public domain. Older works, works whose copyright lapsed or was never renewed, and most U.S. federal government works are free to use.
No registration, no statutory damages. This single fact often collapses a five-figure demand into a three-figure one.
De minimis use. A fleeting or trivial appearance may not be actionable at all.
Statute of limitations. Civil copyright claims generally must be brought within three years.
Copyright misuse and overclaiming. Asserting rights the claimant does not have can itself carry consequences.
DMCA § 512(f). Someone who knowingly misrepresents infringement in a takedown notice can be liable for the resulting damages.

FAQ

Should I just pay the settlement demand to make it go away?

Not before it is reviewed. Demands are commonly priced above what the claim is actually worth, and paying one letter can mark you as someone who pays. Find out whether the sender owns the work and whether it was timely registered first.

What happens if I ignore a copyright demand letter?

Sometimes nothing. Sometimes a federal lawsuit, which is far more expensive to defend than to head off. Silence is a gamble; a measured, well-supported response usually is not.

Can I be sued for a photo my web designer or contractor used?

Yes — the site owner is typically named. You may then have an indemnity or breach claim against whoever supplied the image, which is why your contracts and invoices matter immediately.

How much are statutory damages for copyright infringement?

From $750 to $30,000 per work, up to $150,000 for willful infringement. They are only available if the work was registered in time, which is the first thing to verify.

Is it fair use if I credited the creator or did not make money?

Credit alone is not fair use, and being non-commercial helps but does not decide it. Courts weigh purpose and character, the nature of the work, the amount used, and the market effect together.

Can a copyright claim be used to remove criticism or public records?

It is attempted regularly. Where a copyright claim is really an attempt to suppress speech or public access, the case involves the First Amendment and public-records law as well as copyright.

Talk to a lawyer before you respond

Javitch Law Office defends individuals, creators, journalists, researchers, and small businesses against copyright demand letters, DMCA takedown abuse, and overreaching infringement claims — including cases where copyright is being used to bury material the public has a right to see.

Learn more about our copyright threat defense practice or send us the letter for a free review.