Accused of Copying? Talk to a Copyright Infringement Defense Lawyer
A copyright demand letter or lawsuit often asks for far more than the claimant could actually recover. Keough Law defends businesses and creators nationwide against photo-licensing demands, DMCA claims, and federal suits—testing registration, licensing, and fair use first.
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The first number is rarely the real number
Photo agencies and copyright-enforcement firms send thousands of demand letters, often for images a web designer or employee added years ago. The letters quote statutory damages up to $150,000 and ask for thousands to settle.
Some claims are real and worth resolving quickly. Others fall apart on registration timing, ownership, or a license you already had. Knowing which one you're facing changes everything. For owners enforcing their own work, see our copyright practice.
- A demand letter over a photo on your website.
- A DMCA takedown of your content or listing.
- A Copyright Claims Board notice.
- A federal copyright lawsuit.
Four questions that shape your exposure
Before you negotiate, we answer the questions that decide what the claimant can actually win.
Registration & timing
Statutory damages and attorney’s fees generally require registration before the infringement began, or within three months of publication.
Fair use
Purpose, nature of the work, amount used, and market effect. Commentary, criticism, and transformative uses can be protected.
License or permission
A license from the owner, a stock-site agreement, or an implied license can defeat the claim entirely.
Ownership & limitations
The claimant must own the copyright, and claims are generally subject to a three-year statute of limitations.
What the letter says—and what it leaves out
Demand letters are written to create urgency. They rarely mention when the work was registered, whether you had a license, or how courts actually value a single image.
We respond with the facts that matter and negotiate from what the claimant could realistically prove.
“Pay now or else”
- "Damages up to $150,000"
- "Willful infringement"
- "Respond within 10 days"
- "Removing it doesn’t fix it"
Prove it first
- Registration date vs. first use
- Chain of ownership and licenses
- Fair use and innocent infringement
- Realistic actual-damages value
Don't pay the opening demand
Keough Law reviews copyright claims against businesses and creators nationwide and resolves them on facts, not fear. Prior results do not guarantee a similar outcome.
“We got a scary letter over one photo on our blog. Shaun explained our real exposure and resolved it for a fraction of the demand.”
Verified Google Review
Copyright Defense Client
What's actually at stake
Under 17 U.S.C. §504(c), statutory damages apply only when the work was timely registered.
$200
Possible minimum per work when infringement was innocent.
$750–$30,000
Ordinary statutory damages range per work infringed.
Up to $150,000
Maximum per work if the infringement is proven willful.
Actual damages
Often just a license fee when the work wasn’t timely registered.
From demand letter to resolution
Preserve & pause
Don’t pay, admit, or ignore the letter. Take the content down if appropriate and preserve your records of where it came from.
Test the claim
We check registration dates, ownership, licenses, and fair use to determine what the claimant can actually recover.
Respond & negotiate
Most demand-letter claims resolve with a measured response and a settlement far below the opening number.
Defend in court
If you’re sued in federal court or before the Copyright Claims Board, we defend the case and pursue fee-shifting where it applies.
Defense sized to the claim
A single-image demand shouldn't cost more to defend than to settle. We scope the work to the real exposure and tell you when paying a reasonable amount is the smart business decision.
Your free initial consultation is general only—a chance for us to understand your situation and whether it's a matter we can take on.
Both sides of copyright
You work directly with Shaun Keough, who also enforces copyrights for creators—so we know how claimants value their cases. When a letter mixes copyright and trademark claims, our cease and desist and intellectual property practices cover it all.
Copyright defense questions
I got a copyright demand letter for a photo on my website. What should I do?
Don’t ignore it, and don’t pay immediately. Remove the image if you can’t confirm a license, preserve records of where it came from, and have the claim reviewed. Many photo-licensing demands overstate what the sender could recover, especially when the image wasn’t registered before your use began.
How much can I be liable for in a copyright infringement case?
If the work was timely registered, a copyright owner can elect statutory damages of $750 to $30,000 per work, up to $150,000 for willful infringement, and as low as $200 for innocent infringement, under 17 U.S.C. §504(c). Without timely registration, the owner is generally limited to actual damages and profits.
Is it fair use if I gave credit or didn’t make money?
Not necessarily. Giving attribution doesn’t create a license, and noncommercial use is only one consideration. Fair use weighs four factors—purpose and character of the use, nature of the work, amount used, and effect on the market—and outcomes depend heavily on the facts.
What is the Copyright Claims Board?
The Copyright Claims Board is a small-claims tribunal at the U.S. Copyright Office with damages capped at $30,000. Participation is voluntary: a respondent generally has 60 days after service to opt out. Whether to opt out is a strategic decision worth discussing before the deadline passes.
What should I do if I received a DMCA takedown notice?
Your hosting provider or platform will usually remove the content. If you believe the takedown was a mistake or the use is authorized, you can file a counter-notice, but that can lead the claimant to sue. Have the situation reviewed before you respond.
Ready to protect
what you've built?
Schedule a free initial consultation. We'll learn about your situation and whether it's a matter we can take on.