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  1. #1
    Join Date
    Dec 2008
    Posts
    9

    Question How Much to Ask for in Copyright Infringement

    The basics:

    Never formally registered copyright on artwork, posted exclusively at stock photo company, more than 3 months ago. License is cheap.

    Discovered the watermark of the stock photo company was crudely and incompletely removed and art appeared in several print ads. Stock co can't confirm a license.

    Researched just enough to be confused. U.S. copyright law, Digital Millenium Act. Uruguay?

    Can register art now, within 1 month of discovering use, to get statutory damages, or too late? What about botched watermark proving willfulness? Can ask in a demand letter for whatever they might pay? Your 2 cents?

    Don't want to waste money and time with lawyer if don't have to.

    Artist state Arkansas, Infringement in California.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,042

    Default Re: How Much to Ask for in Copyright Infringement

    You can't get statutory damages unless you've registered a copyright. You can claim actual damages, plus their profits derived from your work. Details are here.

    If it were me, rather than trying to make a minimal claim for money damages, I would serve a DMCA notice on their webhost. Or do that and send a letter demanding compensation.

  3. #3
    Join Date
    Dec 2008
    Posts
    9

    Default Re: How Much to Ask for in Copyright Infringement

    Quote Quoting Mr. Knowitall
    View Post
    If it were me, rather than trying to make a minimal claim for money damages, I would serve a DMCA notice on their webhost. Or do that and send a letter demanding compensation.
    Thanks but this was in print.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: How Much to Ask for in Copyright Infringement

    Then I suggest ignoring the DMCA part.

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