1/30/2011 5:48:06 PM
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Section 18: Outdoor Writing Subject: Writing For A Living Msg# 767787
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Well, I cannot remotely imagine every click on a website containing an unauthorized copyrighted image would be considered a unique statutory violation. What was the web site? What web site would have the money to pay a $1 million award, even if granted. The violator would have to be a company with deep pockets. We are talking about one single image. I might believe $150,000, but $1 million is beyond reasonable in my view..... especially when the guy would probably have sold all rights to National Geographic for $1000. I remain unconvinced.... unless I see the check and proof it was good. I believe the law says: Before a judgment is decided upon by a court of civil law, the copyright owner has the right to request the recovery of statutory damages caused by the infringement, rather than actual damages. This is based on any single work of authorship for which the infringer is liable either individually or through joint involvement. The sum of statutory damages is never less than $750 and never more than $30,000. If the copyright owner is able to prove that the infringer committed the violation willfully, the statutory damages sum may increase to no more than $150,000. If the court finds that the infringer unknowingly committed the violation, the statutory damages sum is lowered to no less than $200. Now, how about this one -- Web Site 1 obtains public images from the federal government. It then spends a substantial sum editing, fixing, cropping, whatever to make them available for fast viewing on the web...... and Web Site 2 then copies all those images to their own web site. Does Web Site 1 have recourse for damages from Web Site 2? |
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For reference, the above message is a reply to a message where: 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. |