For most people who are familiar with snow, July and August means hot, lazy days at a beach or pool with an adult beverage in hand. For Ed it is all that and more. Summer is the season when copyright infringers and their lawyers blame summer interns for…well, for just about everything.
In July alone Ed’s office received nine reply letters from infringers or their lawyers blaming a summer intern for some form of copyright infringement. It really doesn’t matter at what time of year the infringement occurred or whether the infringer is a Fortune 500 company or the local network affiliate. If some web designer is not being blamed then it is some unnamed, hapless unpaid, unidentified intern. No “suit” has ever erred. No matter how they cut it or phrase it, the company is responsible and liable for whatever their interns do.
Here is a prototypical letter “explaining” how the infringement occurred. Each sentence is taken from an actual letter authored by a lawyer representing an infringer. Some letters employ one, or more, or most, of these amazingly lame excuses.
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We are so pleased you brought this matter to our attention. Upon receipt of your letter dated ___________, our client immediately removed the image form its site/publication/other.
In response to your specific requests:
1. The image was apparently taken off Google images by one of our summer interns but we have no records to determine whether we are correct;
2. We do not have any information on the whereabouts of our intern(s) but we are trying to locate him/her to obtain the information regarding usage that you seek;
3. Our intern was unpaid and worked from home. We have no records of his/her backgrounds;
4. Our intern did not obtain any licenses or model releases as he/she was not our employee;
5. Our intern told us we could use the images and we relied on him/her;
6. No we do not know whether our intern was an adult or not;
7 We do in fact employ interns who perform services in the City of Mumbai and who we have never actually met;
8. No, we do not have a photo editor or anyone supervising licensing, because we trust our interns who are all seeking Masters Degrees.
9. We trust this resolves this matter. (Not really)
10. Please apologize to your client and tell him/her no malice was intended.
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Why any company would risk liability and trust these matters to some unqualified teenager baffles judges and juries alike. They find these excuses very hard to believe (imagine?). Ed likes to explain that interns are “employed” even if they work “for free”.
We know 99% of all infringing companies will never receive a lawyer’s letter and so for many companies, infringing pays as a business model. Why pay for the milk when no one comes after you when you steal the milk? Why pay for photos when less than one in a hundred has a lawyer contact you?
But on the rare occasion when they are caught with their hand in the cookie jar, “stuff” flows downhill, and that’s why interns, rather than the executives who are responsible, gets blamed. In high school some students tried to pawn off not handing in an assignment that was due, because their dog ate their homework, so obviously they shouldn’t be penalized. Guess what? Blaming the dog didn’t work then and blaming the intern doesn’t work today.
#1 by Wayne on August 3, 2014 - 11:35 am
Just a few questions which come to mind RE Excuse
#1 Why don’t you keep records, would these records be embarrassing?
#2 You lost your employees? how embarrassing.
#3 Why?
#4 What do you still practice slavery?
#5 And you are willing to admit to this type of gross stupidity?
#6 And you are willing to admit to violating child labor laws?
#7 So the answer to #5 is that you are willing to admit to gross stupidity.
#8 I can refer you to a nice head hunter who will find you a qualified applicant for this critical position.
#9 and 10 Stupid, stupid, stupid. If resolution was going to be so easy why do you thing I wrote you?
#2 by Edward C. Greenberg on August 6, 2014 - 1:44 pm
Wayne, Wayne, Wayne…here’s where you are going wrong – you are using logic!
Really effective persuasion can and does succeed (with the right audience) absent any facts, law or logic. Were it otherwise attorneys would be unemployed. The responses which you easily assessed as BS are common because they are “commonly effective”. Most creatives receive one or more of these excuses and then readily accept the whatever (if anything) is offered to them by the infringer as to do otherwise might involve consulting a lawyer. Gasp.
You know those scams that come from Nigeria? They were coming state side since before the Internet and continue as we speak. IF “everyone” really knew they were bogus they would have stopped by now.
A response received just today from an attorney, “My client has never met your client so obviously he had no malicious intent in using and reproducing her (registered) work”. Obviously.
#3 by Matt Timmons on August 10, 2014 - 7:57 pm
In other words, when caught doing something wrong and saying, “Look! Over there! A Pterodactyl!!” then running the other direction works most of the time; the law of probability states that it will work this time as well.