Copyright violation repurcussions

[nokiN]

Let see: $130...

US copyright law allows for statutory damages of up to $150,000 per infringement.

Thats only a difference of $149,870.

Of course now some heavier hitters have discovered they were infringed too. Five of them last I heard.

So, 5 times $150,000 = $750,000 plus the original infraction making it $900,000.

The plantifs attorney's would have to prove wilful infringement to get the maximum award, but since the editor of the magazine had 30 years experience that shouldn't be to hard.

Oh! With proof of wilful infringement - add to the $900,000, because in losing, the defendant also has to pay all the plantifs costs and attorney fees in addition to their own.

Figure it will cost $2,500,000 to answer 6 infringement actions if you lose all 6.

What was the original amount requested again...Oh ya....$130!

That magazine is likely history, as is her career as an editor .

[Jim Poor]

The statutory damages you mention can only be collected if the work is registered.

Of course, depending on time frame, it may not be too late to register the work.

Check out Photo Attorney for a lot more info from a qualified source.

[nokiN]

Originally Posted by Jim Poor

The statutory damages you mention can only be collected if the work is registered.

Of course, depending on time frame, it may not be too late to register the work.

Check out Photo Attorney for a lot more info from a qualified source.

True. Q&A – When You Are Eligible for Statutory Damages for Infringements | Photo Attorney

Of course an action would not likely be accepted in federal court without copyright registration, as Carolyn and others have pointed out many times.

Note: If you don’t register your image before filing suit (regardless of whether it was published or unpublished at the time of the infringement), your suit (in most courts), will be dismissed for lack of subject matter jurisdiction. 17 USC 411.

[Jim Poor]

Originally Posted by nokiN

True. Q&A – When You Are Eligible for Statutory Damages for Infringements | Photo Attorney

Of course an action would not likely be accepted in federal court without copyright registration, as Carolyn and others have pointed out many times.

Yes, you must file before suing, but you don't have to file before infringement occurs.

I just went through an infringement case and consulted with Carolyn on it.

I got paid.

[Izzy]

This whole thing is such a riot that I had to go like their facefart page long enough to say something nasty on it. I suspect that this will all turn into a internet meme that will never die.

They ripped off your pictures? Dude you have just been "Cook Sourced"

This spawned a new verb! LOL

Judith Griggs - Editor of Cook's Source