Copyright Infringement
Hopefully you have never received notice that your Internet Provider has received a subpoena regarding your IP (Internet Protocol) address. If you have, this likely means that you faced, or are facing a potential copyright infringement claim.
When you receive that notice, naturally the question becomes what to do about it. Should you respond to it? Should you hope it goes away? Should you hire an attorney? The answers to these questions turn on the facts surrounding the infringement. However, you should at least consult with an attorney regarding your situation even if you ultimately do not make the decision to hire one.
Copyright infringement can potentially lead to hefty damage awards against the infringer. For example, in a case out of Massachusetts, the Court of Appeals upheld an award of $675,000 against a copyright infringer (Sony BMG Music Entertainment v. Tenenbaum). Admittedly, this case had a number of aggravating factors that led to the large award, such as the infringer continuing to illegally download after numerous warnings along with the infringer sharing his downloads with others. However, even without the extreme facts that existed in that case, a person who has infringed on a copyright still stands to potentially have a large amount awarded against them. For example, statutory damages can range from $750-$150,000 depending on whether or not the infringement was willful and the other facts surrounding the case (17 U.S.C. § 504).
So, what should you do if you receive that notice? There are factors to consider in determining if you should respond along with how you should respond. Some of the factors include the following: What did you infringe on? Did you know you were infringing? Did you share your illegal download with others?
It is also important to note that who downloaded the content is not necessarily a protection. Just because a child downloaded something they shouldn’t have does not mean that the parents are off the hook for liability.
What you own is something to consider as well. A defendant who has numerous assets and/or a large amount of wealth is more likely to be pursued than one who doesn’t. This holds true in the majority of civil actions, not just ones concerning copyright.
Some companies pursue copyright actions more vigorously than others. These types of actions are not new. For example, googling “Copyright Trolls” will produce a lot of information on the history of these copyright claims.
The above-listed factors are not exhaustive, but they can provide a starting point from which to begin your decision-making process. There are a number of problem websites or platforms out there, with peer-to-peer networking providing a lot of the capability to illegally download. Tread carefully.
Ultimately, avoiding illegal downloading is the best option. However, the attorneys at Howard Lewis & Petersen, P.C. can help when you’re facing a copyright infringement claim.
Be careful and pay attention to what you and your family download. If you don’t, it can make for an awfully expensive movie, song, or any number of other things.
Contact Howard, Lewis & Petersen, P.C. with all your copyright infringement questions and answers.
