Attorneys Advise Online Publishers to Be Wary of High-IP-Settlement Seeking ‘Trolls’

Between $50 and $100 is a reasonable price when faced with a legitimate claim for using a copyright-protected image, IP lawyer-experts agreed Friday at an FCBA event. Not all claims should be considered legitimate, said Fletcher Heald's Kevin Goldberg, NPR Senior Associate General Counsel Ashley Messenger and Ballard Spahr's Adrianna Rodriguez on “copyright trolls.” With a legitimate claim, a settlement is infringer's first thought, Goldberg said, and the object is to come to conclusion as quickly and painlessly as possible. Speakers stressed the importance of rigorous record-keeping to ensure online publishers know when they’re using content legally. Rodriguez suggested something as simple as an Excel spreadsheet with rights information. Messenger said NPR handles about one claim per month, and it’s usually the result of a good-faith editorial-staff mistake. The $100 range for a photo is reasonable, she said. Goldberg agreed.