Copyright Trolls Now Going After Random Bloggers Who Reposted Photos

from the this-won't-end-well dept

Apparently, the Copyright Enforcement Group (CEG), one of the earliest copyright trolling operations in the US, is really building up its copyright trolling photo business. Last year, we wrote about how CEG had gone after a Lindsay Lohan fan site because the young fan had posted some (you guessed it) photos of Lohan. And now it appears that it's ramping up the practice, as a number of sites have apparently received demands from CEG for $500 because they posted a random photo which they likely found via Google's image search. Yes, reposting photos in such a manner can be copyright infringement (though, quite frequently, there may be a very strong fair use defense -- but that's very context specific), but it really does seem quite scammy to go after clearly naive internet users, who are just trying to post a photo of a red pepper to go with a blog post about vegetables.

As noted by the Cashman Law Firm, this whole practice seems really icky. Yes, technically, the law may have been broken, but does anyone actually think that these users would have otherwise purchased the image? And is hitting the ordinary internet user who just wants to illustrate their blog post about red peppers with a federal lawsuit threat really seem proportionate?
On a personal note, hitting website users with a threat of a lawsuit over an image pulled from a Google image search is simply obscene. I would certainly understand such a letter if the image had a watermark pointing the user to a website where they can purchase rights to the photo without the watermark, or if there was a copyright mark on the image. Yet these photos have none of these, and they are literally trolling old websites and blogs looking for photos which were copied from other websites.

What makes this so obscene is that the photo copyright owners are asserting the same copyright infringement claims as do the copyright holders for the bittorrent cases we deal with daily. Along with the same copyright claims come the same shock of having the law provide statutory damages of $150,000 to the copyright holder who can prove the infringement. $150,000 for a movie download in my mind is an obscene and disproportionate punishment for the “crime” of downloading a copyrighted title. Even moreso for a photo. AND, even moreso for an unmarked and unwatermarked photo freely available on a Google image search.
And, in fact, it appears to be even worse, since that same blog post later indicates that at least some of the people being threatened had the images show up via third party RSS aggregators -- meaning they didn't post or host the image themselves. But, that's the kind of situation you get when copyright laws are completely screwy.

Filed Under: copyright trolls, photos
Companies: copyright enforcement group

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  1. icon
    Robyn B (profile), 11 Jul 2013 @ 2:21pm


    Ah, I wonder, at which un-official hobb-knobber, was the BRILLIANT idea for circumventing straightforward and transparent taking of "WE THE PEOPLE'S" currency first uttered. I don't have a clue, but it has spread exponentially through the communication pipeline of our beloved and oh so trusted public servants, hasn't it? ** "Well, we don't have to tax them directly (sly half grin and eye twinkle characteristic of pride in own genius). Our predecessors have done a tremendous job of canonizing 50 titles of a thing called code of federal regulations (harr harr-more chest pounding). And there is no way any society could possibly know the intricacies of the plethora of these rules subject to FINES. And at 500 dollars a pop (cigar to chubby red lips-puff puff), we have ourselves one heck of a bulging purse".

    There has been a good deal of talk recently about the over arching "presence" of the various agencies. And it often comes from an unsuspecting poor chap who finds himself at the bad end of the blade of one of these regulatory agencies. Too late to save himself from ruin, he has no choice but to PAY. My heart is breaking-

    Truth is, those elected few who are chosen by the many are too entrenched into their own aggrandizement to have bothered taking an honest look at the wording of federal regulation. That's the only reason I can come up with for the fact that this constitutional loophole has been left loose for so long. The redundant, often contradictory, vaguely written codes have trickled through, under our radar over the years. There will soon be no use for lawyers, or senators, or representatives or presidents because they have all been passing the buck of their own responsibilities through the establishment of some agency to do the job for them. The only justification for their positions now guessed it: create agencies to regulate the agencies who regulate the tribunals who regulate the boards who regulate the people so that all the people will be safe and live happily ever after. Right?

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