Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

Here’s a Friday afternoon buzzkill.  

Dear Dr. X.  

My firm represents two photographers whose original copyrighted works have been infringed by you. I attached a number of documents as evidence of that infringement. Exhibit A includes copies of the copyright-protected photos. Exhibit B includes documentation of your public use of these photographs. If you have been issued a license for such use, please contact our office immediately.  

Our client has a number of options. They can sue you for copyright infringement in federal court for actual damages and your organization’s profits related to the infringement.  

In straightforward copyright cases, it is often best for parties to settle without filing suit. This is especially true given the cost of litigating copyright cases. 

Here’s our proposal: 

Remove the infringing work from all or your media properties. 

Don’t do it again.  

And, yes, we need money. Let’s call it a day at $25k.  

The longer this lingers, the less inclined my clients will be to make nice. You have two weeks to respond.  

Sincerely, 

Your Friendly Copyright Attorney 

You look at the Exhibits. They are plain-vanilla pics of images supporting the text in your Instagram feed or blog. How did this happen and what to do? 

Many assume that if you find a picture on the internet, you can use it. The internet is free, right? 

Wrong. 

If you did not take the photo and you do not have a license to use the photo, you likely have infringed someone else’s copyright. Frequently, you can get pics to use that cost nothing. You might have a perpetual paid-up license because the photographer or graphic designer donated the image to organizations like Creative Commons. Its motto is “When we share, everyone wins.” 

Also, you can purchase inexpensive licenses from commercial entities like Shutterstock. Be careful when making such purchases. Some licenses may be for a limited time; some are perpetual. Also, the image might be limited to use on one website; maybe more. And geography. Details matter.  

Does a photographer have to register their copyright to enforce their intellectual property rights? Actually, no. That photographer can send a demand letter. But if they want to litigate, they do need to register their work. The US Copyright Office explains below. 

Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.” 

Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney’s fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works. 

Well, now what? The clock is ticking. And $25k is a LOT of money for generic pics. 

Identify if the plaintiff and the firm are copyright litigators. They may be repeat “offenders.” If so, they are only too happy to do a Google image search and see where their works show up. Such as your practice. Then, they send demand letters. They try to price settlement with a number that will make it easier to say yes than litigate. If you don’t have a license, and they have a copyright,  then you likely have some liability.  Such claims are often addressed by low-price fixed fee attorneys to negotiate something you can live with.

We’ve discussed copyright law at length in a previous podcast.

We generally recommend at the bare minimum confirming that the photographers produced the original work. 

Alternatively, if you have a cyber liability insurance policy with media liability defense, it should cover copyright claims. You’ll need to see if you have a deductible if indeed you have coverage.  

Next, if you use a marketing company that posted the pics, make it their problem also. They should know better. Your agreement with the marketing company may spell out what happens if there is a copyright claim. And now would be a good time to ask your marketing firm to vouch for any images they have currently posted on your media assets. Make sure they know you cannot just pull random pics from the internet to use on your site. Not all marketing companies understand intellectual property law at the same level.  

Finally, if you take photos, use your own photos. They look more authentic and represent the work YOU do. If these are photos of your patients, make sure you get formal written authorization to do so before you post them. We can provide template authorization forms.  

If you choose to defend and litigate, you likely won’t get as lucky as Led Zeppelin in its appeal in overruling lower court loss in Stairway to Heaven copyright kerfuffle with the estate of Spirit guitarist Michael Skidmore.  

You think your weekend was ruined? Here’s what Skidmore’s attorney said after six years of litigation.  

Skidmore’s lawyer, Francis Malofiy, slammed the decision, saying, “What you have here is a big win for the multi-billion dollar industry against the creatives. I love Led Zeppelin, as a man, and I can separate my appreciation for them as four band members playing amazing music, but they’re the greatest art thieves of all time, and they got away with it again today. They won on a technicality. But they absolutely stole that piece of work.” 

What do you think?

Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2023 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.