Our partner law firm received a letter from another law firm claiming that we are in violation because we don’t have the license info for a photo found on https://www.rbisenberg.com/faqs/third-dwi-texas-penalty/ FAQ page on the RBIsenberg.com website. The photo is located on https://www.rbisenberg.com/wp-content/uploads/2021/11/third-dwi-texas-penalty.jpg
How do we know if this is legit? What should we do?
Here Are Some Suggested Steps To Take
1. Don’t Ignore the Letter
The first thing people often do is ignore the notice out of fear. However, ignoring a copyright demand can make things worse. Deadlines mentioned in the letter may be legally important, and failing to respond could limit your options later.
Quick tip: Even if you’re unsure, acknowledge receipt in writing and get help.
2. Read the Letter Carefully
Take time to understand what the letter says and what it is asking you to do. Look for:
- The name of the copyright owner
- The work that’s allegedly infringed
- What the lawyer wants (e.g., cease and desist, payment, removal of content)
- Any deadlines
Important: Don’t assume the claim is valid ……. sometimes these notices are mistaken or overly broad.
3. Preserve All Evidence
Before doing anything else, save everything related:
- The letter or email itself
- Screenshots of the content in question
- Any communications you’ve had with the claimant
- Links and metadata
This preserves your ability to review and respond accurately, and it also protects your rights if the issue escalates.
4. Do Not Admit Fault
It’s common to feel nervous, but never admit that you infringed copyright …….. even if you think you might have. Statements like “I’m sorry or I didn’t know” can be used against you later.
Instead, respond professionally and factually.
5. Check If the Claim Is Legitimate
Not all copyright demand letters come from legitimate rights holders. Some may be sent by third-party companies or unethical lawyers hoping you’ll pay without question.
Ask yourself:
- Is the claimant actually the owner of the work?
- Is the work really copyrighted?
- Is the claim specific enough?
A lawyer can help you assess this.
6. Consult a Copyright Attorney
A specialized copyright lawyer can:
- Review the notice and explain your rights
- Determine if the claim is valid
- Advise whether to respond or negotiate
- Help draft a proper legal reply
Even if you think the notice is unjustified, getting legal advice early can protect you and reduce risk.
7. Prepare Your Response
Your attorney may help you:
- Agree to remove or disable access to the content
- Provide a defense if you believe the claim is invalid
- Negotiate reduced liability or settlement terms
A well-crafted response can often resolve the issue without litigation.
8. Consider Alternative Dispute Options
Sometimes disputes can be resolved through:
- Settlement negotiations
- Mediation
- Reaching an agreement about future use
An attorney can help you identify the best approach based on your situation.
9. Stay Compliant Going Forward
After the issue is resolved, you may want to:
- Review your content management policies
- Put copyright compliance procedures in place
- Educate your team about best practices
This reduces the chance of future claims.
Final Thoughts
Receiving a letter from a copyright lawyer isn’t the end of the world — but it is serious. Acting quickly, preserving evidence, and consulting an attorney are key steps that protect your rights and minimize risk.
If you’ve received a copyright demand and aren’t sure what to do next, getting professional legal help sooner rather than later can make all the difference.