1/30/2011 4:43:30 PM
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Section 18: Outdoor Writing Subject: Writing For A Living Msg# 767771
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He maintains that you can win statutory damages of $750 per infringement: $150,000 per infringment for willful infringement. Almost all infringement on internet is willful infringement. I am guessing that perhaps every click on the offender's website could be called an infringment. He also mentions something called the Digital Millennium Copyright Act that I have never looked into. |
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For reference, the above message is a reply to a message where: Don, I don't question a settlement -- I question the $1 million. Here's why I question the $1 million -- as far as I know, the law, even with the photo filed for copyright with the proper agency, only allows reimbursement to the amount of proved damages. You tell me how an outdoor writer/photographer could have proved damages of $1 million for some use of a single image. Was he waiting on the moon to take their picture when the first astronauts arrived. What is the fellow's name? I'd like to look into this. |