QUESTION
If I put a photo on my website in 2006 and it gets copyrighted in 2007 can I be sued for statutory damages?
Asked on Aug 22nd, 2012 on Patents - Utah
More details to this question:
Got it somewhere free. It just sat on an obscure page until it got discovered by a photo agent who is suing me. Copyright law says if the infringement was before the registration they can't sue for statutory damages. Confused if the infringement is "ongoing" or only when posted.
2 ANSWERS
Intellectual Property Attorney serving Spokane, WA
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Malhotra Law Firm, PLLC
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You can certainly be sued for ordinary damages. This will give you a good insight into the law of copyright damages, statutory and otherwise: http://www.copyright.gov/title17/92chap5.html
Answered on Aug 27th, 2012 at 3:25 PM
Intellectual Property Attorney serving South Jordan, UT
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Pearson Butler
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Infringement is ongoing if the photo stays up. If you left the photo up after the day they filed for the copyright registration then you are probagbly liable for statutory damages.
Answered on Aug 27th, 2012 at 3:24 PM