Author: Mike Boatman
This is my personal viewpoint. This is my opinion based on my personal experiences. Other people have different experiences and therefore, their viewpoint may be different than mine.
Understanding What You’re Up Against
I will boldly repeat something that I stated in my previous article because I believe it is worth repeating: “If you’re not going to defend or enforce your copyrights, don’t waste your time or money registering.”
Make no mistake about it; when you enforce your copyrights, you are going to get into a fight. Your opponent has already proven that they are not bound by moral behavior or legal and civil rules. So why do you think this fight is going to be fair? If a person was willing to steal from you, do you honestly think they are going to tell the truth in depositions?
Thieves and liars will try their best to paint you as the bad guy using every possible spin to convince the court that you’re an evil person who’s out to extort money from them. They will claim that you intentionally set up a trap, that you did not convey terms of use, and then sprung copyright litigation on them as an extortion to strong-arm money from them.
A liar can be very convincing, but what a liar can’t change or overcome are facts that are backed up with evidence.
Understanding the First Wave of Attack
The first attack by defense attorneys is their attempt to void the copyright registration. If they are successful, you will be forced to re-register the images. But by then you will be outside the three month grace period from first publication and no longer eligible for statutory damages or attorney fees.