What is “copyright trolling” and what laws apply to it?

Copyright trolling is a term used to describe unethical advertising practices, such as when intellectual property owners send out demands for payment of royalties in exchange for the use of copyrighted material without authorization. These demands are typically made with minimal or no evidence of infringement, with the primary purpose of extracting payments from unsuspecting users. In Texas, copyright trolling is a violation of the Texas Deceptive Trade Practices Act (DTPA) and any other applicable state and federal laws. The DTPA prohibits businesses from engaging in false, misleading, or deceptive trade practices – this includes any attempt to fraudulently acquire payments from a consumer. Additionally, the Copyright Act of 1976 provides strong protection to copyright owners from any unauthorized use of their works. If a copyright owner discovers someone has used their material without permission, they may be entitled to damages from the infringer, including statutory damages, attorney fees, and costs. In some cases, defendants accused of copyright infringement may be able to make a valid legal defense against a copyright infringement claim, such as fair use or lack of access. However, it’s important to remember that copyright trolling is not a valid legal defense and any attempts to avoid liability by making false or misleading statements can lead to additional penalties.

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What is “copyright trolling” and what laws apply to it?

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