Copyright Infringement On The Internet

From LegalLanding

Copyright Infringement On The Internet can happen in multiple ways. There are four types of remedies for copyright infringement: Injunctions, impounding and disposition of infringing articles, damages and profits, costs and attorney’s fees. Below are two very common ways in which copyright is infringed upon on the internet.

Situation 1

Mac Donald is the sole creator if the character Grimmy. For the last two years he has been posting depictions of the character on his website www.macdonald.com without issue. Although he hasn’t filed this character or its images with the Copyright Office, he has been diligent about including the statement “All rights reserved” on the bottom of every page as well as including the copyright symbol © on the bottom right of all his images. Recently, however, in some recent posts on the community based website pikturelanding.com, depictions of Grimmy have been posted without Mac Donald’s consent. Mac Donald would like those images to be removed but he does not know who posted the pictures since it a community submission based website (like youtube). What action can Mac Donald take?

Because of the protections under Digital Millennium Copyright Act, the owner of a public website can not be penalized for infringement of copyright. Although Mac Donald can not sue (unless pikturelanding.com does not remove the photos) he can still compel the website to take down the images. This is done through mailing or e-mailing a copyright infringement cease and desist letter as well as a notification of claimed copyright infringement to the internet host. Although the notification of claimed copyright infringement form provided is not necessary, it is advised.

Mac Donald’s copyright infringement cease and desist and notification of a claimed copyright infringement must contain the following six elements:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (this can be done either with mailing a physical copy or providing a website or link which documents your ownership);

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (this can be done with a physical copy of the infringing work, or a link to the page on which the infringement occurs);

4. Information reasonably sufficient to permit contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If Mac Donald wanted to press further because he felt that he had been economically harmed by this infringement in some way, he may file a subpoena to produce document, information, or objects or to permit inspection of premises with the clerk of any United States district court. The request must contain the following three things:

1. a copy of the notification of a claimed copyright infringement;

2. a proposed subpoena (Minnesota District Court); and

3. a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.

Situation 2

Cameron Cooper is a photographer who, as a profession and as a hobby, takes pictures of dogs. With the permission of his customers, Cameron posts some of his best photos on his website both to show off his work and to self-advertise. He does not have any copyright markings on any of the photographs, but he does include his logo on the bottom right of each photograph. Despite lacking the proper copyright markings, all of Cameron’s pictures have been registered with the United States Copyright Office.

Wishbone is a dog food company. Wishbone’s advertisement division does a google image search for dogs and finds two which they like, both of which are from Cameron’s website. Without Cameron’s permission, Wishbone uses the images for the packaging a new line of dog food. While shopping for dogfood, Cameron sees his photos. Cameron would like to take legal action against Wishbone. What can he do?

Unlike in the previous scenario, Wishbone is not protected by the Digital Millennium Copyright Act and there are clear damages (Cameron was not paid for photographs used for advertisement). To save time and energy, before moving to litigation Cameron writes to Wishbone. In his letter, he informs them that he owns the licensing rights to the photographs and offers to license the use to Wishbone under his standard business licensing contract and fees. Along with this letter, he includes a copy of his copyright certification to verify his claim that the pictures are his. If Wishbone accepts, the issue has been resolved. Let’s assume they do not accept.

Before beginning, Cameron takes a moment to appreciate that he paid the $65 dollars to file his images with the copyright office because he is able to recover attorney fees and statutory damages up to $30,000, neither of which would be available otherwise. See Benefits Of Filing A Copyright. He may be able to recover a greater amount, $150,000, if he can prove that the copyright infringement was willful and, given the fact situation, should consider investigating this. Cameron hires a lawyer and files a Complaint in federal court, not state court, for copyright infringement.

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Contributors To This Page

Mary Depuydt