If you are reading this article, then you likely received a Notice of Infringement and Demand to Cease and Desist from law firm Gafni & Levin LLP. Even worse, you may have been named as a defendant in a pending lawsuit for copyright infringement where Gafni & Levin LLP is the firm listed as counsel for the plaintiff.
If either scenario is true, then do not fret. Feel free to contact us and describe your specific situation. We have handled myriad copyright infringement claims across the country including those alleged by Gafni & Levin LLP on behalf of their clients. The worst thing you can do is ignore the letter or a lawsuit, so reach out to us and we promise to respond with speed.
The type of claim that Gafni & Levin LLP typically brings is one where a professional photographer has had his or her content copied and uploaded without consent. Gafni & Levin will commonly provide background information about the photographer, including as many accolades as possible, to puff up the content creator’s standing.
Importantly, look to see if a copyright registration is referenced in the communication that is received from Gafni & Levin LLP. A copyright registration is required for filing a lawsuit under the U.S. Supreme Court case of Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC et al.
Typically, Gafni & Levin LLP will provide the copyright registration number. Additionally, it will make citations to U.S. Copyright Law and specifically 17 U.S.C. 106 and 501. It will seek to scare you by noting that the Copyright Act allows a plaintiff to seek up to $150,000, but that is the maximum of the range as to what can be collected under the concept of statutory damages and only in the rare situation that it is determined that the infringement was willful.
Importantly, as mentioned above, do not ignore a demand letter or a lawsuit if the action has already escalated that far. Furthermore, do not delete any of the evidence unless or until Gafni & Levin or its client has put in writing such a demand. In fact, most of the time they will demand that you do not delete any content and instead preserve all evidence related to the use of the alleged copyrighted image(s). They will also standardly demand that you seek to determine whether there may be insurance coverage because, if such coverage exists, it typically creates a bigger windfall for the plaintiff and thus their legal counsel, which often operates by way of a contingency relationship where it receives a portion of whatever amount the plaintiff can collect.
Far too many people either tear up these demands or unnecessarily stress out. Instead of taking either course of action, feel free to reach out to us at Heitner Legal and we can provide a free consultation.