What is a copyright troll?

A copyright troll is a person or organization that attempts to enforce their intellectual property rights by launching a large number of lawsuits against individuals or companies they claim have infringed upon their copyrighted works. Copyright trolls often seek to make a profit from settling these lawsuits, and they may also threaten costly legal action if a settlement isn’t reached. In Minnesota, copyright trolls may file a lawsuit against an infringer in Federal District Court or in a state court. Typically, a copyright troll will send a cease-and-desist letter to an infringer, demanding a settlement for past damages or a payment to “license” the copyrighted work moving forward. If a resolution can’t be reached, the copyright troll may file a lawsuit, alleging copyright infringement and seeking monetary damages, or an injunction to stop the infringement. Some copyright trolls may even attempt to use the Digital Millennium Copyright Act to try and shut down websites that host or link to copyrighted content. It’s important to understand that, in Minnesota, a copyright troll can’t sue just to harass; they must have a legitimate claim of copyright infringement. If they don’t, they may face sanctions for making false allegations.

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