I was editing the “All I Know About Rightscorp in One Page” master article, and I got into a discussion about the awkwardness of hiring a Rightscorp settlement attorney because of the disproportionate fees paid to our Cashman Law Firm, PLLC to facilitate and handle the settlement versus the sometime miniscule actual settlement payment that ends up being paid to Rightscorp at $20-30/song downloaded. Because that discussion took too much space on that article, I cut it and pasted it here.
Rightscorp vs. CEG-TEK Settlement Amounts
When representing a client in a CEG-TEK DMCA settlement demand notice, clients would come with 3-20 notices (and at $300/claim, the settlement asking price was $900-$6,000 before settlement negotiations). Thus, representing a client and having the client pay our fees made sense.
Not necessarily so with a Rightscorp client who received those same 3-20 notices. At $30/claim, the settlement asking price would be $90-$600 (before settlement negotiations). Thus, depending on the number of notices, there could be a disproportionate payment to our law firm to handle what could be a mere $30 settlement payment.
Why to hire a Rightscorp settlement attorney for even ONE (1) Rightscorp DMCA notice.
As a quick caveat, even for a Rightscorp client who received only one DMCA settlement demand letter (where there is no negotiation), the cost of representing a client is less than it would be for a CEG-TEK case because there is less time spent on the representation. However, the potential client for this one (1) DMCA notice should be aware of the reasons why they are hiring our firm.
[DISCLAIMER: ***Just To Be Clear*** When I use the phrase “Rightscorp settlement attorney,” in no way do I imply that our law firm has any affiliation with Rightscorp, nor do we represent their interests in any capacity. The term “Rightscorp settlement attorney” was simply a convenient way to put this article in front of someone who receives a Rightscorp DMCA settlement notice for songs downloaded via bittorrent, and they are trying various search engine keywords to learn which attorney can facilitate an anonymous settlement. “Rightscorp settlement attorney” seemed to capture the essence of the audience we intended to write for, namely, internet users who want to settle claims of copyright infringement from the Rightscorp DMCA notices they received.]
Why you are not hiring an attorney:
First, benefits a client receives… but these are NOT why they are hiring our firm. For a Rightscorp matter (e.g., one (1) DMCA notice), you are NOT hiring a Rightscorp settlement attorney to:
1) negotiate the settlement amount (paying an attorney sometimes to negotiate a $30 settlement to possibly $28 or $25 is silly);
2) to settle anonymously (technically, you do not need an attorney to accomplish this goal, as you can purchase a VPN subscription and pay your settlement using a credit card obtained without your name on it).
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Why you ARE hiring an attorney (even for one (1) DMCA Notice):
Obviously when we can negotiate the settlement price, we do. And, the settlement negotiations are negotiated anonymously, and are paid anonymously, meaning that Rightscorp will never learn your identity or that you settled the claims against you. That way, they will never be able to contact your ISP to shut down your account claiming you are an infringer, and they will never be able to vindictively harm you after a settlement. However, these are not the reasons you hired our law firm to handle the DMCA notice(s) you received from Rightscorp.
You ARE hiring a Rightscorp settlement attorney to facilitate and handle the settlement in a way that does not admit guilt on your behalf (when needed, we will negotiate the terms of the agreement to suit your circumstances). More importantly, we settle the claims against you in a way that puts Rightscorp, and their BMG Music, Sony Records, and the other music copyright holder clients ON NOTICE that the settlement we processed on your behalf was done by our Cashman Law Firm.
What is the benefit of putting everyone ON NOTICE that you are represented by an attorney?
Putting everyone ON NOTICE means that all future communications will need to come directly through our firm, and not to you. Should these companies’ lawyers contact the you directly, this would be a breach of the ethics rules which could cost them their law licenses.
Preventing other “games” played against those who settle.
Most importantly, by having a Rightscorp settlement attorney such as myself to settle the Rightscorp claims on your behalf, this prevents any further “games” or activities that may occur (e.g., with asking for additional settlement money for other titles allegedly downloaded, robocalling, or contacting the ISPs to shut down the internet accounts of those who paid a settlement to Rightscorp).
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Why $30/song is comparatively better than the alternatives.
In sum, representing a Rightscorp client still takes time, but the fact that the accused downloader is only paying a $30 settlement amount (or some miniscule dollar amount compared to the thousands of dollars which are paid in the movie lawsuits and DMCA settlement demand notices), this should be a happy fact. Why happy? Be happy that you were not sued, that you are not dealing with a CEG-TEK or RIGHTSENFORCEMENT ($300/movie title) scenario, and that you were merely caught downloading just a few songs, where the settlement amount will be $30/song.