by Traverse Legal, reviewed by Enrico Schaefer - July 12, 2013 - d. Copyright Infringement Lawsuits
There's
plenty of commentary on the internet about copyright trolls, with entities such
as Malibu Media being on the receiving end of that identifier. Malibu Media is
a company that owns copyright rights to various pornographic works and have
been active in filing copyright infringement lawsuits against defendants
throughout the United States, including in the eastern district of Michigan and
the western district of Michigan, for the unauthorized downloading and viewing
of their works. In particular, Malibu Media files a complaint against a John
Doe since they do not have the name of the person associated with the
particular IP address. They then get expedited discovery from the court and
subpoena the provider of that IP address, such as Comcast. The owner of the IP
address is then provided notice by Comcast that their identity will be revealed
if they do not quash the subpoena or otherwise resolve the matter with Malibu
Media.
Once
this person is provided notice, they have several options. First, they may determine
that they did not violate any copyright and work with a copyright attorney to defend the
lawsuit. Second, they may choose to fight the subpoena in hopes of the
plaintiff not wishing to proceed further, although this is a risky endeavor.
Third, they may try and resolve the matter without having their identity
revealed. Copyright attorneys are available to assist in any one of these
options. However, it is important for the person who is alleged to have
infringed on others' copyright to understand what damages might be available
under the copyright act. In particular 17USC504 provides the remedies in
damages available for any copyright infringement. While a copyright owner, who
has successfully registered their copyright will always threaten the $150,000
per infringement, known as the statutory maximum, that amount is not the only
amount available. In fact, the Copyright Act specifically allows for damages
between $750 and $30,000 as the court considers just, especially where there's
no willful behavior on behalf of the alleged infringer. Tellingly, however,
there is also the ability for the court, within its discretion, to reduce the
award of statutory damages to as little as $200 per infringement. The fact of
the matter is that there are cases that have interpreted the various provisions
and can provide insight into which amount may be applicable to a given factual
situation. If you have received a subpoena and could be at risk of statutory
damages, you would be well served to speak with a copyright attorney who can
assist you in determining your likely liability and financial exposure.
Understanding what is at risk may help you to make an informed decision in the
event you wish to settle or spend resources defending or otherwise tempting to
quash the subpoena in the underlying matter.
Regardless, copyright infringement lawsuits by copyright
owners do not appear to be slowing down. Therefore, you would be well served to
understand, via a copyright attorney or on your own, what is at risk.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
