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I've been combing through a lot of cases and there definitely is a pattern to the ones that get taken to trial.
These are 'no duhs,' but may give some people with a personal blog a little peace of mind.
Companies with deep pockets. If you are some media company with 5+ employees accidentally using a copyrighted photo, you are on top of their list.
Multiple violations. If you have multiple copyright infringements. If registered, they are guaranteed $750/photo violation so if you have 3+, it's probably worth the time for them to come after you.
Not responding. I'm not sure about this, but they have a good eye for people that do not respond. No responses are good for default judgements.
The photos you infringed upon is not registered. Proving damages is a little more work.
Just my quick observations from looking at a bunch of dockets.
These are 'no duhs,' but may give some people with a personal blog a little peace of mind.
Companies with deep pockets. If you are some media company with 5+ employees accidentally using a copyrighted photo, you are on top of their list.
Multiple violations. If you have multiple copyright infringements. If registered, they are guaranteed $750/photo violation so if you have 3+, it's probably worth the time for them to come after you.
Not responding. I'm not sure about this, but they have a good eye for people that do not respond. No responses are good for default judgements.
The photos you infringed upon is not registered. Proving damages is a little more work.
Just my quick observations from looking at a bunch of dockets.