Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 25, Issue 23
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The Rise of Fake Copyright C&D Letters (And How Not to Get Taken In)
By Kristyn Webb
If your inbox has been serving up dramatic “copyright infringement” cease and desist letters lately, you’re not imagining it. Scam C&Ds are having a moment. Fraudsters are churning out emails that look just real enough to intimidate businesses into paying “settlement fees” or clicking malware links. And yes—our own firm was targeted by one of these, so trust me, they’re everywhere.
These scams usually follow the same formula: a stern email claiming you stole a photo, logo, or piece of content; a threat of litigation or a DMCA complaint; and a hyperlink inviting you to “review the infringing material.” That link? Often, it’s phishing, malware, or a fake invoice. Actual copyright holders don’t email you a Dropbox link with a virus. For real examples of such scams, see sample alerts from the Australian Cyber Security Centre and others.
A recent twist: scammers claiming rights in foreign jurisdictions—“You infringed our EU/UK/India-registered image,” even though your business has never touched anything remotely related. Sounds sophisticated, but the details usually fall apart. See how one university flagged a submission via a web form that demanded payment for “up to $140,000” in damages.
So how do you spot the red flags? Start with the sender. Real firms use real domains, not Gmail, ProtonMail, or “rights-enforcement-global.co.” Then watch for mismatched facts, bad grammar, legal phrasing no practicing attorney would ever use, or any demand for payment within 24–48 hours.
If something feels even slightly off, don’t click anything and don’t reply. Save the email, screenshot it, and send it to your IP counsel. We can quickly tell whether you’re dealing with a real dispute or just someone playing dress-up as a law firm.
Bottom line: stay skeptical, stay safe, and keep scammers from turning your inbox into their side hustle.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group and holds a master’s degree in Copyright Law from King’s College London.
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