Intellectual Property Law

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I have received a copyright infringement notice that has to…

I have received a copyright...
I have received a copyright infringement notice that has to be replied by January 26. My crime is that I had uploaded soft copy of a book on Kijiji.ca for sale. After I received the mail, I have deleted the ad from the website. Please kindly explain to me as I am new to Canada and I don't know anything about copyright laws here. Should I reply to kijiji that I am sorry and I have removed the soft copy of the book now. Please help. Thank you.
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Answered in 4 hours by:
1/26/2017
socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 40,074
Experience: Retired
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Hello,

Copyright infringement is what is known as a "strict liability law." Even accidental/inadvertent copying can be sued on or prosecuted. Generally, the copyright owner wants a quick settlement, because the cost of litigation is significant, and there's no easy way for an owner to know whether or not the infringer can pay the claim -- even if the owner prevails in court.

The likelihood of legal action against you is low, unless it's obvious from the manner in which you used the copyrighted work that you've been profiting in some substantial manner from your use. However, if the demand comes from the owner, the probability is much lower than if it comes from a law firm -- because copyright litigation lawyers are very costly to retain, and only large organizations generally retain copyright litigation law firms.

If the letter merely contains a "cease and desist" demand, then you don't need to respond to the letter. Just takedown the infringing material and move on. If that's insufficient for the copyright owner, it will contact you again -- and if it's a law firm that contacts you with a monetary demand, that's when you need to decide if the demand is large enough to justify your contacting competent legal counsel to assist you further.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 40,074
Experience: Retired
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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