QUESTION

Can you make payments whens settling copyright infringement?

Asked on Jun 19th, 2012 on Entertainment Law - Oregon
More details to this question:
If someone threatens to sue you for copyright infringement, but offers to settle with you for a large amount of many in lieu of suing, can you make payments or does it typically have to be the lump sum?
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2 ANSWERS

Copyright Infringement Attorney serving Portland, OR at Day & Koch LLP
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First of all, anyone being accused of copyright infringement wants to make absolutely sure, before agreeing to a settlement, and especially before paying any significant amount of money, that they are truly legally liable and have no legal defenses. I occasionally run into attorneys who very aggressively pursue cases which really have little merit, and so you want to be careful, just in cast that is your situation. Secondly, and more to the point of your question, regarding whether you can make installment payments on a settlement, sometimes the party suing will agree to that, sometimes they won't. The answer will depend on many factors, such as, just for example, how much the settlement is for, what your financial situation is, how aggressive the other party's attorney is, and so on. I would say, though, as a generalization, that in my experience, if the defendant in a copyright case is a business with some real financial wherewithal, installment payments are not that common. Whereas, if the defendant is an individual with more modest financial resources, there are certainly situations in which the agreed upon settlement amount is paid in installments.
Answered on Jun 29th, 2012 at 7:06 PM

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Entrepreneurial Business Law Attorney serving Portland, OR at Abts Law LLC
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First off, I'm assuming you don't have an attorney, or you'd be asking your attorney this question. I am not your attorney I can't give legal advice with only limited facts. That said, when it comes to settlement agreements generally, you can come to any arrangement in the settlement that you wish. An attorney might be concerned about the deadline to bring the suit (called the Statute of Limitations), but there are any number of contractual mechanisms to overcome this issue. Let the other side know you need to pay the settlement offer in installments if you are going to accept. A payment plan should be thoroughly documented. I strongly urge you to retain your own attorney in this process.
Answered on Jun 29th, 2012 at 6:11 PM

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