How much does it cost to sue for copyright infringement?
Add the $500 for actual damages for a grand total of $25,500. That might be enough to warrant a lawsuit, but don’t forget, the attorney has to be paid. Unfortunately, in the first scenario, there aren’t many actions available to the copyright holder.
What is a torrent swarm lawsuit?
Lawsuits that target "swarms" of bit torrent sharers have been contentious in legal and online communities. Lawyers who represent plaintiffs in these cases have been labeled "copyright trolls" and the lawsuits have been accused of being many things, ranging from collection rackets to extortion.
Does intent matter in a copyright infringement case?
Also, even though intent does not matter in copyright infringement (not knowing about the infringement, or it being accidental is not a defense), the Copyright Act allows up to an additional $150,000 per infringing work for willful infringement. How willful the infringement is and, therefore, how much of that $150,000 is awarded is up to the court.
What happens if you don’t answer a copyright lawsuit?
If you do not answer the complaint or file any legal action, the plaintiff may request a default judgment. This is an automatic decision by the court saying that since you did not defend yourself, the court has no choice but to decide in favor of the plaintiff (copyright owner).
How do I settle copyright infringement?
Making a valid copyright infringement claim is relatively simple. You just have to show you own a valid copyright and the other person copied the work without your permission. The copyright owner brings the lawsuit precisely because they are confident they can satisfy these requirements.
Who sues for copyright infringement?
copyright ownerA copyright owner can sue for an injunction to prohibit further unauthorized use of the copyrighted materials by the defendant, and to recover damages. A plaintiff alleging copyright infringement in a civil lawsuit must establish two elements by a preponderance of the evidence.
Will I get caught if I download a movie on bittorrent?
The act of torrenting itself is not illegal. However, downloading and sharing unsanctioned copyrighted material is very much illegal, and there is always a chance of getting caught by the authorities. Torrenting non-copyrighted material is perfectly fine and is allowed, as there are no restrictions that apply to that.
Will I get sued for copyright infringement?
Under the Copyright Act of 1976, creators like you are given certain exclusive rights to reproduce and sell your works. When these rights are infringed, you can sue the person who used your work without permission and, if successful, be awarded money damages.
How much is a copyright claim?
FeesRegistration of a claim in an original work of authorshipClaim without addendum$125Addendum (in addition to the fee for the claim)$100Registration of a claim in a restored copyright (Form GATT)$100Preregistration of certain unpublished works$20023 more rows
Has anyone gone to jail for copyright infringement?
A 26-year-old California man who pleaded guilty last December to criminal copyright infringement charges was sentenced today to 87 months in federal prison -- the longest U.S. sentence ever for software piracy -- for his role in illegally copying and selling pirated software (download PDF).
How common is it to get caught torrenting?
The prosecution of torrent users has been sporadic. The chances of actually going to court or having to pay a settlement are pretty slim, but the penalties can be extremely high. The frequency of copyright holders suing torrenters for copyright infringement peaked in the late 2000s.
Can I go to jail for torrenting?
If you're torrenting illegally, your ISP will send you a warning letter and probably start throttling your connection speeds. If you're caught repeatedly and found guilty in legal proceedings, you could be subject to criminal penalties including a $250,000 fine and up to five years in prison.
Can you get tracked for torrenting?
Copyright or media owners of movies and music use automatic tracking software to detect if their content is being paid for or downloaded illegally via torrenting. If torrenting is detected, the tracking software automatically sends an alert to your ISP containing your IP address to take further action.
How hard is it to sue for copyright infringement?
It's a difficult process, particularly for those who own small businesses or work for themselves. While the copyright infringement might be emotionally painful, you should also consider the monetary losses that you are suffering from it.
What are the 3 criteria of copyright infringement?
To copyright something, only three elements are required: (1) fixation, (2) originality, and (3) expression. (1) Fixation: a creative idea must be locked in a permanent state. To protect a song, for example, it must be notated on paper or recorded onto tape or CD.
What are 3 copyright infringement court cases?
Breaking them down, the most significant were:ABS Entertainment v. CBS Corporation. ... BMG v. Co. ... Cambridge University Press v. Albert. ... Capitol Records v. ReDigi. ... Code Revision Commission v. Public.Resource.org. ... Davidson v. United States. ... Fox News v. TVEyes. ... Goldman v. Breitbart.More items...•
Where can you file a case for copyright infringement?
The copyright owner can file a criminal, civil or administrative action for copyright infringement. A criminal case for copyright infringement must be filed in the court situated in the place where the violation occurred.
What happens if someone copyrights your work?
Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed.
Can a photographer sue you?
One common reason that photographers get sued is for breach of contract. A breach of contract means that one or more of the parties fails to honor a portion of a binding agreement. For photographers, this can include a variety of situations that violate the terms you laid out with your client.
How many days after downloading a movie would a movie production company seek to sue me?
This is hard to answer. The copyright statute of limitations in three years. Technically, you could get a notice of infringement any time before three years is up. Sometimes a movie company will seek to wait and let the number of infringements rack up (for example, if Malibu Media see you downloading adult porn movies and sharing them online, they might let you do this for a number of months before they seek to take legal action). To me, this is done to try to increase the infringement damages.
What legal defenses are there to the piracy allegation?
We have talked about legal defenses to willful copyright infringement in this video. A common defense is “unsecured wifi” whereby you show that some other party is responsible for the illegal download through your wifi network. This could be a friend, roommate, neighbor, etc. Realize, however, that many ISP agreements may show that you agree to be held responsible for activity on your account. But many people never read, nor specifically agree to these clauses.
Will this go down on my public record?
As noted above, if your name is inserted into the lawsuit then many times this can be found on an internet search, or employment background search, which could hinder your ability to obtain future employment having to explain why you were a defendant in a movie piracy case (or worse yet, being overlooked without a chance to explain).
What happens if you share copyrighted files?
If this happens, the Plaintiff is far less likely to settle for a small amount, and you may end up with a larger judgment against you. Sharing or downloading copyrighted files without the permission of the copyright holder violates the law, and you might end up paying for it in court.
What does it mean when you get a copyright notice?
What does this mean? The notice means that your Internet Protocol, or "IP" address (not necessarily your computer, but a computer using your internet connection) has been identified as part of a "swarm," or a group of computers involved in sharing a certain file using a bit torrent client like Vuze, or LimeWire. You have been sued because the file in question was copyrighted material, and the company who owns the copyright is suing you for copyright infringement. Unauthorized sharing or downloading copyrighted works is a violation of copyright law. Deleting the file will not make this go away. Buying a copy of the copyrighted work after the fact will also not make this go away.
What if you are sure no one in your household was involved in illegal peer-to-peer sharing?
To defend yourself, you will need to show real evidence that you would not or could not have been involved in downloading or sharing the file. In one case, our law firm was able to prove that the client did not have the IP address at the time the alleged downloading occurred. However, that is not the norm. If someone accessed your wireless router, you would not be legally liable, but you would have to have real evidence to back up your assertion. Many people claim that someone else did it but they lack evidence to prove it. For example, a 93-year-old great-grandmother with a wireless router that is not password-protected is going to get more people to believe that she didn't download something than a college student with a password-protected router.
What happens if you don't answer a complaint?
If you do not answer the complaint or file any legal action, the plaintiff may request a default judgment. This is an automatic decision by the court saying that since you did not defend yourself, the court has no choice but to decide in favor of the plaintiff (copyright owner).
Can an attorney review a settlement?
Finally, an attorney's review can make sure the settlement agreement legitimately settles your case and protects your interests.
Can you be liable for someone accessed your router?
However, that is not the norm. If someone accessed your wireless router, you would not be legally liable, but you would have to have real evidence to back up your assertion. Many people claim that someone else did it but they lack evidence to prove it.
Do ISPs release information after the date?
Recently, many people sued in this type of case have been fighting back, which means ISPs sometimes do not release information until after the date on your letter, and some cases are dismissed entirely.
How to defend yourself against copyright infringement?
The only best way to deal with it is to talk to a national torrent defense attorney who has experience with intellectual property cases . With professional guidance, you can mitigate the harsher impact of a lawsuit in such cases.
What happens if your name is inserted into a lawsuit?
Another important mention is that if your name gets inserted into the lawsuit then that may appear in online searches that are carried out during employment-related background searches, and that can hinder you from fetching a job in the future on having to explain why you had been a defendant in a movie piracy case.
Can you prove that you downloaded copyrighted content?
Some people try to take advantage of various IP addresses or use a public network to hide behind anonymity. No matter how carefully you try to hide your online actions, it is likely that the plaintiff can prove that you downloaded copyrighted content. What you will need to do is fair negotiation and a fair settlement.
Can you download a torrent file?
But sharing or downloading the files online could be an infringement of the copyright law. Many believe that downloading files for personal use doesn’t result in any legal consequences. On the contrary, they do.
Introduction
Copyright cases are brought in federal court. They are not cheap. Our typical retainer is 5-10k (depending upon the complexity of the case) and currently we bill our time hourly at $495 per hour. Litigation can be expensive because in general you have the following steps:
Contact a California copyright infringement law firm
We can review your case by calling us at (877) 276-5084. You may also email us through our contact form
Sanjin Mutic
I do not believe that you can receive a generic answer that will be very useful to you. I suggest you try to obtain a free consultation from an attorney and then make a decision on whether to pay or fight. Michael www.shimokaji.com
Daniel Nathan Ballard
There have been similar cases actually get before judges, and the judges have not been favorable to this sort of mass suit with 1000 or more defendants. Still, they can probably prove that someone at your IP address did do such a download, and that is probably copr. infringement.
