Intellectual Property Law

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Intellectual Property Law

We were recently contacted by Copyright Enforcers about our

Customer Question
website's use of a photographer's...
We were recently contacted by Copyright Enforcers about our website's use of a photographer's photo without permission, and they are asking for a settlement at a very high cost for that one photo. I have removed the photo from the website, but I'm not sure what I should do now.
Submitted: 2 years ago.Category: Intellectual Property Law
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Answered in 3 minutes by:
6/11/2015
IP Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Intellectual Property Law
Satisfied Customers: 41,221
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
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Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, how much are they demanding that you pay them for this infringement?
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Customer reply replied 2 years ago
$1,500
IP Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Thank you for your follow-up.
Are you being personally sued, or is this a business or a commercial entity that violated the copyright?
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Customer reply replied 2 years ago
It is a commercial entity.
Customer reply replied 2 years ago
we are a news website.
IP Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Ahh, that explains the amount requested. Typically such entities demand anywhere from $1,200 to $2,500 from commercial entities but typically limit themselves to around $750 from individuals. Here you have two choices, you can still offer to pay less and negotiate, or you can risk a suit. Bringing a suit can be expensive, and most of the time such companies do not not bother if they see you as not having any assets. But I must warn you, I have been reviewing this entity and they have a reputation for being aggressive so they may file. Furthermore, there is no statute that limits the amount they can claim as damages, or rather the statute permits them to sue for up to $100,000 per violation plus legal fees and court costs. If you believe them to be serious it may still be wise to pay them, or you can risk it and hope they do not file--your removal of the image terminates future damages but does not remove past damages for which they would still have a basis for suit.
Sincerely,
Dimitry, Esq.
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Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41,221
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Experience: I assist my clients with IP questions that arise in their daily course of doing business.

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