QUESTION
Am I liable for the copyright of a downloaded movie even though I did not do it?
Asked on Jan 05th, 2012 on Entertainment Law - New York
More details to this question:
I got a letter in the mail two days ago from a lawyer saying that a movie was downloaded and that it was traced back to our IP address. The lawyer is asking $1,600 for copyright infringement of said movie. According to the letter the lawyer got the information from my ISP when they issued a subpoena for users information. I have not downloaded such a movie and have e-mailed the lawyer saying that we have had major internet issues 2 weeks prior to the movie being downloaded. He replied that I am still liable for the downloaded movie even though I did not do it. I had done some research and from what I gathered these type of cases rarely go to court because of the fees. So should I just refuse to pay, or settle out of court?
3 ANSWERS
civil litigation Attorney serving Portland, OR
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Those cases are very difficult to prove. But it's worth hiring an attorney just to take a look at it.
Answered on Jul 08th, 2013 at 1:38 AM
Business Entity Formation Attorney serving Poughkeepsie, NY
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If you did not download the movie, then you are not guilty of any infringement. It is their burden to prove that their movie was downloaded, so why would you pay for an alleged infringement that you did not commit.
Answered on Jan 18th, 2012 at 10:59 AM
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These letters are happening all over the country. It is highly unlikely that they will sue you over a single download. I would wait it out and see what their next step is.
Answered on Jan 17th, 2012 at 6:29 PM