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I have received an email from a lawyer claiming to represent

 
Alex Reese's Avatar
  • Answered by:Alex Reese
  • Lawyer
  • Positive Feedback: 98.9 %
  • Accepted Answers: 2437
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in Intellectual Property Law

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Customer Question

I have received an email from a lawyer claiming to represent a client that is accusing me of copyright infringement, stating that I posted links to 14 of their videos on a web forum. They are seeking monetary compensation for damages or they will go possible go to litigation. What are my options?

Submitted: 332 days and 13 hours ago.
Category: Intellectual Property Law
Value: $39
Status: CLOSED

Accepted Answer

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Expert:  Alex Reese replied332 days and 13 hours ago.


Alex Reese :

hello

Alex Reese :

posting links to material is not a copyright infringement, you must be copying/reproducing/displaying the copyrighted material itself in order to infringe

Alex Reese :

so unless there is more to the story i'd say they don't have a case for copyright infringement

Customer :

What if they are accusing me of being the one who uploaded those files to the webhost?

Alex Reese :

if you posted/uploading the copyrighted material then that would qualify as copyright infringement

Alex Reese :

assuming you did not have permission to do so and the work was covered by copyright of course

Alex Reese :

ideally you should have an attorney represent you, but it may not be worth it depending on how much money they are demanding

Alex Reese :

its likley just a negotiation at this point and you can likely do that yourself

Customer :

they are seeking around $3,500

Customer :

they would be willing to negotiate down you think? I don't have that kind of money

Alex Reese :

these cases often settle for a lot less than the initial demand

Alex Reese :

yes

Customer :

But I should take it seriously? Some were suggesting they were just trying to bully me and scare me into paying

Alex Reese :

that's very hard to say

Alex Reese :

you could respond by saying you do not believe you violated their rights, and see if they keep coming after you, if they are serious then eventually they will draft a complaint and possibly show it to you to try to get a settlement

Alex Reese :

but again theres no way to predict what they will do

Alex Reese :

just don't admit any guilt

Alex Reese :

they will also have to register the copyright(s) before filing suit

Customer :

Ok, so what would you suggest my next course of action be? Respond that I don't believe I have violated their rights and then what?

Alex Reese :

that's it

Alex Reese :

all you can do is respond and then perhaps give them and offer if you have to

Alex Reese :

just respond and see what they do next

Customer :

alright. thanks so much for your help

Alex Reese :

sure, best of luck

Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 98.9 %
Accepts: 2437
Answered: 6/26/2012

Experience: Experienced in intellectual property law

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