They Say YOU Infringed – But Do THEY Own the Rights?
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
You did everything right – or so you thought. You used a short clip, added commentary, or reshared something everyone else was already posting. Then one day, a notice shows up in your inbox. A takedown. A demand. A legal-sounding, nasty-toned email claiming copyright infringement, and asking for payment.
You’re confused. You’re cautious. And maybe you’re already reaching for the fair use defense.
But hold on. Before you argue about what you used, ask something simpler: Does the party accusing you actually own the rights?
Two Main Reasons People Send Copyright Notices
1. They believe they’re right – and they want to fix it. Sometimes the claim is legitimate. A rights-holder sees their content used without permission and takes action. They may send a DMCA takedown, request removal, or ask for a license fee. Whether it’s a clip, an image, or a music bed – the law is on their side if your use wasn’t authorized.
2. They’re casting a wide net – or making a mistake. Other times, you’ve landed in a mass enforcement dragnet. Some companies send thousands of notices hoping a few people will pay – whether or not the claim is strong, or even valid. These are often automated, sometimes sloppy, and occasionally bluffing. The sender may not own the rights. They may not even know if what you used was fair use, public domain, or licensed.
Mistakes happen. Bots misidentify content. Images get flagged that were never protected. Even legitimate copyright holders sometimes act too fast. But once a notice goes out, it can become your problem – unless you respond wisely.
The First Thing to Check Is Ownership
Most creators instinctively argue fair use or say they meant no harm. But those aren’t the first questions a lawyer asks.
The first question is: “Do they have standing to bring the claim?”
In many cases, the answer is unclear or flat-out “no.” Courts have dismissed copyright lawsuits where the claimant couldn’t show ownership or any active licensing interest. If they can’t demonstrate control over the work – and actual market harm – they may not have the right to sue.
What To Do If You Get a Notice
— Don’t panic. Not all claims are valid – and not all claimants are in a position to enforce them.
— Don’t assume fair use will protect you. It might, but only after ownership is clear.
— Don’t engage emotionally. Responding flippantly can escalate things fast.
— Do get help early. A media attorney can help you assess whether the claim is real – and whether the sender has any legal ground at all.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.
It’s tough enough for radio talent to navigate stable careers in these days of consolidated station ownership, personnel cutbacks and drastic salary reductions – but the NAB’s newly stated stance on non-competes adds insult to injury and is out of step with the interests of beleaguered professionals still hanging on for dear life in the programming sector of this industry. I understand that the National Association of Broadcasters is at heart a lobbying group representing the interests of the medium’s ownership but, c’mon – non-competes really are of another era and egregiously unfair.