We have noted a decided uptick in the number of actions being taken against travel advisors by “copyright trolls.” Copyright trolls are entities or individuals who scour the internet for the purpose of finding copyright infringements, no matter how slight. These predators primarily target unwitting breaches where images, music, or text have been used without proper permission or license. Once they’ve found a potential infringement, they swiftly send out legal threats or demands for licensing fees, often exorbitant in nature, preying on the fear of costly litigation to compel a quick settlement.
In a recent case, a copyright troll demanded $1,400 from a travel advisor for a Creative Commons image “free image” where the agent failed to include attribution for the image. This one is ongoing and still unsettled. In another, a guest blog from a supplier used an unlicensed image. The travel advisor had no way to know the image was unlicensed. The troll demanded $1,700. In this case, the travel advisor had a “Safe Harbor” exemption, discussed below, and the troll dropped the claim. In another instance, a third-party contractor posting Instagram and Facebook posts used an unlicensed image. The travel advisor settled the claim for $850.
If your website or social media feed has third-party content from any of the following, you are at risk from unknowingly infringing on a copyrighted article:
- stock photography companies;
- Creative Commons photography;
- your host agency;
- advertisers;
- contracted posters;
- content companies;
- if you feature a comment section in your blog;
- if you have a YouTube channel featuring music or third-party photography.
The cost of a claim, even if it is without merit, even if the infringement was unintentional, can be considerable. Under the US Copyright Act, registered holders of copyrights can be entitled to statutory damages from $750 to $30,000 per copyrighted work. A court can impose a penalty of up to $130,000 for a “willful,” violation. There is no protection for the act of simply “grabbing” a photograph off the internet and using it in your own article or on social media.
This situation has become so critical, the law offices of Laurence Gore, a well-known travel industry attorney, has launched a program specifically to protect travel advisors which TRO and Voyager websites has endorsed. It is important to note that Laurence Gore is our attorney for copyright purposes and is advertising his services through TRO.
For travel agents, photography sells destinations and inspires dreams of travel. However, the extensive use of images on their websites can put them in the crosshairs of these trolls. The dangers are multiple: financial penalties, reputational damage, and the potential to undermine the trustworthiness of their brand. The use of an unlicensed photo could lead to public legal disputes and a tarnished image, implying carelessness and impacting client confidence.
Fortunately, website owners and travel agents can employ several strategies to protect themselves from copyright trolls.
- Use only Licensed Images: Always ensure that the imagery used is royalty-free and has been purchased with a license that allows for commercial use. There are plenty of reputable stock photo websites that provide high-quality images suitable for a travel website. Please, please, please do not use images you just ‘take’ from Google or another website.
- Keep Records: Maintain meticulous records of licenses and permissions for all content on your website. Think of it as your digital travel diary, evidencing where you’ve been and what you’ve agreed upon.
- Attribute Properly: When using Creative Commons images or content that requires attribution, ensure this is done correctly. Getting the details right is like honoring local customs – it shows respect and keeps you in good stead.
- Create Original Content: Whenever possible, create and use your own images and content. Not only does this give your brand authenticity, but it also keeps you clear of infringement issues. Voyager Social’s VSCreate will generate unique images for you, such as the image of the copyright troll in this article.
- Educate Your Team: Ensure that anyone contributing to your website understands copyright law and the risks involved. This is the equivalent of briefing your travel companions – teamwork makes the dream work.
- Respond to Infringement Accusations Cautiously: Should you receive a notice regarding possible infringement, handle it with care. Take it seriously, but don’t admit guilt or make payments before verifying the claim’s legitimacy and seeking legal advice.
- Use Third Parties who are insured and who provide indemnification. TRO and its affiliates are insured against this type of action and indemnify its clients against the claims of copyright trolls for images we provide.
- The DMCA Safe Harbor provisions are an essential safety net for website owners. These provisions are part of the U.S. Digital Millennium Copyright Act, which offers a kind of legal immunity to online service providers (including website owners) if users upload copyright-infringing materials. To qualify for this protection, website owners must comply with specific requirements, including:
- Implementing a clear copyright policy
- Responding to notices of alleged infringement promptly
- Designating an agent to receive these notices
- Having no actual knowledge of infringing activity
This is the program offered by the law offices of Laurence Gore, who will act as the Registered Agent for travel advisors and their companies. Thanks to Safe Harbor provisions, website owners aren’t immediately held liable for the actions of third parties. Instead, they are given the opportunity to correct the issues by removing the offending content. Think of it as a grace period—an unexpected detour that can be navigated without incurring a penalty, providing you act in due course.
Navigating these waters can be intimidating, but with vigilance and a proactive approach, the risks posed by copyright trolls can be mitigated if not eliminated. By educating themselves about the dangers and remedies, a travel advisor can focus on what they do best—crafting experiences for their clients
