QUESTION
Infringement of Rights. Can someone read my case plz. URGENT!
Asked on Dec 06th, 2011 on Business Law - New York
More details to this question:
Well, I am a poor college student and about a month ago I created a website selling some items. Since the website was new it did not show up in Google search or anything. My products were shipped to my customers from another company (they were doing drop shipping for me, I send them customers name and address and I pay them and they send the item to my customer)
Well, I didn¿t know, I copied a couple of pictures from a website. A couple of weeks ago they sent me a letter to my email from their lawyers claiming $150k for lost since I used a couple of their images. They DO NOT have my name, address or anything. They sent the letter to my EMAIL with no person name.
I immediately not even deleted their images but even deleted my whole website and my domain. So no longer such as site exits.
So no longer such as site exits. I didn¿t know and just a poor student. Not a big company or anything. Can they do anything now since my website is no longer working ?
2 ANSWERS
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They will have a hard time proving they actually lost $150,000 or persuading a judge that he should try and make you pay that. They will also have a little difficulty finding you. You did the right thing by deleting their images as soon as you knew there was a problem. This helps mitigate the problem and limit alleged future losses. I would change your email and next time make sure you use images that are properly licensed.
Answered on Dec 20th, 2011 at 12:39 PM
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As a practical matter, a lot of copyright demand letters are sent out, but very few result in any payment. Since you received immaterial revenues from this activity, the copyright owner's damages, if any, would likely be small. You should consider responding to the letter, or having an attorney respond, indicating that you have desisted.
Answered on Dec 06th, 2011 at 4:08 PM