Should I Be Upset About This?

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LOL. Gotta love armchair attorneys on the internet who know how to copy and paste, but have no actual experience with the actual subject. :D

Watch the videos. All the way through. Actual experts. Learn something real. It's awesome.

Well, if you can't argue the facts, attack the poster I guess. Sad. Expected, but still.. sad.
You refuse to recognize the facts, and prefer to make up your own as you go along.

I can't help it that I have a lot of experience with this, and you don't. I'm sorry if that's a problem for you. I really am. But it is what it is. Please stop taking offense at that unfortunate truth.

Watch the videos. All the way through. Real experts. Real answers. Learn some basics. Benefit from it. Be informed.
 
You refuse to recognize the facts, and prefer to make up your own as you go along.

Yup.. that whole legal section containing the actual law on which damages are based, just made that up. Gosh, you caught me. Lol

You might want to watch the videos yourself. You'll notice the damages that the lawyer is talking about have nothing to do with damages due to copyright infringement. All of the cases he's discussing the damages are based on how people's reputations were damaged or by other legal factors, none of them are based on damages due to copyright infringement itself.

Yes, a company might choose to avoid costly litigation on a case that is only about copyright infringement by settling out of court, something I mentioned previously. But the actual law on damages resulting from copyright infringement itself are pretty clear.

But by all means, don't actually respond to any of that, just continue to resort to more personal attacks and tout your own experience in the process.
 
I've seen these videos many times, bought and re-read their books again from time to time, which are now highlighted in various sections on key points, have read several other books on copyright by others, and deal with attorneys on a weekly, sometimes daily, basis over these issues in real life. Several claims are currently in negotiations, three more have just moved up to informing them that we'll be seeing them in Federal court shortly, since they are unwilling to do this the easy way.

What you're doing is like someone who's never even been to a zoo pretending that they know more about how to get successful shots at one than you, someone with a lot of experience doing that. When you don't agree with them, they copy and paste the zoo's mission statement, somehow expecting that will make you say, "Oh, well in that case, you must be correct".

I've already stated plainly that I'm not the attorney in all of this, and I don't have to be one to be informed by actual experts on the subject. I don't have the burden of interpreting the law as written, nor in explaining it to you. My experience is that of a copyright holder who is a client of knowledgeable copyright attorneys who inform me of my legal rights and what cases we can and should or should not take, and why or why not. That's not really much of a stretch for me.

I'm sorry that none of that is enough to enlighten you or satisfy your knee-jerk reactions to finding out you don't know what you're talking about. But in the end, it's no sweat off me if you remain obstinately uninformed on these issues.

Now, you can copy and paste anything you want, all day and night, but that still doesn't make you a copyright attorney, copyright expert, nor even someone with actual experience dealing with these issues in real life.

And since I started watching the two videos again for the umpteenth time when I posted them, and am only about a bit over an hour through the 3 hours they total, I'm pretty sure you haven't finished yet either. You want to pick out a phrase or something here and there, thinking that it will prove me wrong and you right, and you're just completely missing the whole picture in your zeal to win some e-points.

Watch the videos. All the way through. Real experts. Real answers. Become informed.

Or don't.

But if you think for one minute that I'm going to believe your internet armchair-attorney "knowledge" and interpretations of the law when they conflict with those of the actual copyright attorney's that get me paid, and over the many experts' videos and books I have and continue to consume on the subject, I recommend you don't hold your breath.

Cheers! :)
 
Lol...

I did watch the videos. They don't really support your point. You claimed that damages for copyright infringement damages were not based on whether or not it was intentional. You chastised me and proclaimed it to be a myth. Turns out you were wrong, completely. The law clearly states otherwise. Your videos don't address this, at all. They do nothing to support your proclamation, because no lawyer would. Truth is your just wrong.

So yes I have found your proclaiming victory at every turn without actually addressing any of the facts amusing, but the plain and simple truth is you have nothing to support your statement because it was frankly untrue. But hey, by all means, continue to attack me personally and do your little church lady superior dance. It really does make me laugh.
 
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That's a common internet myth cooked up by folks who just don't know any better (yet)]

Nothing mythical about it.

17 U.S. Code § 504 - Remedies for infringement: Damages and profits

15 U.S.C. 1127).
Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2585; Pub. L. 100–568, § 10(b), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 105–80, § 12(a)(13), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 105–298, title II, § 204, Oct. 27, 1998, 112 Stat. 2833; Pub. L. 106–160, § 2, Dec. 9, 1999, 113 Stat. 1774; Pub. L. 108–482, title II, § 203, Dec. 23, 2004, 118 Stat. 3916; Pub. L. 111–295, § 6(f)(2), Dec. 9, 2010, 124 Stat. 3181.)
Historical and Revision Notes
house report no. 94–1476
In General.
A cornerstone of the remedies sections and of the bill as a whole is section 504, the provision dealing with recovery of actual damages, profits, and statutory damages. The two basic aims of this section are reciprocal and correlative: (1) to give the courts specific unambiguous directions concerning monetary awards, thus avoiding the confusion and uncertainty that have marked the present law on the subject, and, at the same time, (2) to provide the courts with reasonable latitude to adjust recovery to the circumstances of the case, thus avoiding some of the artificial or overly technical awards resulting from the language of the existing statute.


Subsection (a) lays the groundwork for the more detailed provisions of the section by establishing the liability of a copyright infringer for either “the copyright owner’s actual damages and any additional profits of the infringer,” or statutory damages. Recovery of actual damages and profits under section 504(b) or of statutory damages under section 504(c) is alternative and for the copyright owner to elect; as under the present law, the plaintiff in an infringement suit is not obliged to submit proof of damages and profits and may choose to rely on the provision for minimum statutory damages. However, there is nothing in section 504 to prevent a court from taking account of evidence concerning actual damages and profits in making an award of statutory damages within the range set out in subsection (c).

Actual Damages and Profits.
In allowing the plaintiff to recover “the actual damages suffered by him or her as a result of the infringement,” plus any of the infringer’s profits “that are attributable to the infringement and are not taken into account in computing the actual damages,” section 504(b) recognizes the different purposes served by awards of damages and profits. Damages are awarded to compensate the copyright owner for losses from the infringement, and profits are awarded to prevent the infringer from unfairly benefiting from a wrongful act. Where the defendant’s profits are nothing more than a measure of the damages suffered by the copyright owner, it would be inappropriate to award damages and profits cumulatively, since in effect they amount to the same thing. However, in cases where the copyright owner has suffered damages not reflected in the infringer’s profits, or where there have been profits attributable to the copyrighted work but not used as a measure of damages, subsection (b) authorizes the award of both.


The language of the subsection makes clear that only those profits “attributable to the infringement” are recoverable; where some of the defendant’s profits result from the infringement and other profits are caused by different factors, it will be necessary for the court to make an apportionment. However, the burden of proof is on the defendant in these cases; in establishing profits the plaintiff need prove only “the infringer’s gross revenue,” and the defendant must prove not only “his or her deductible expenses” but also “the element of profit attributable to factors other than the copyrighted work.”

Statutory Damages.
Subsection (c) of section 504 makes clear that the plaintiff’s election to recover statutory damages may take place at any time during the trial before the court has rendered its final judgment. The remainder of clause (1) of the subsection represents a statement of the general rates applicable to awards of statutory damages. Its principal provisions may be summarized as follows:


1. As a general rule, where the plaintiff elects to recover statutory damages, the court is obliged to award between $250 and $10,000. It can exercise discretion in awarding an amount within that range but, unless one of the exceptions provided by clause (2) is applicable, it cannot make an award of less than $250 or of more than $10,000 if the copyright owner has chosen recovery under section 504(c).

2. Although, as explained below, an award of minimum statutory damages may be multiplied if separate works and separately liable infringers are involved in the suit, a single award in the $250 to $10,000 range is to be made “for all infringements involved in the action.” A single infringer of a single work is liable for a single amount between $250 and $10,000, no matter how many acts of infringement are involved in the action and regardless of whether the acts were separate, isolated, or occurred in a related series.

3. Where the suit involves infringement of more than one separate and independent work, minimum statutory damages for each work must be awarded. For example, if one defendant has infringed three copyrighted works, the copyright owner is entitled to statutory damages of at least $750 and may be awarded up to $30,000. Subsection (c)(1) makes clear, however, that, although they are regarded as independent works for other purposes, “all the parts of a compilation or derivative work constitute one work” for this purpose. Moreover, although the minimum and maximum amounts are to be multiplied where multiple “works” are involved in the suit, the same is not true with respect to multiple copyrights, multiple owners, multiple exclusive rights, or multiple registrations. This point is especially important since, under a scheme of divisible copyright, it is possible to have the rights of a number of owners of separate “copyrights” in a single “work” infringed by one act of a defendant.

4. Where the infringements of one work were committed by a single infringer acting individually, a single award of statutory damages would be made. Similarly, where the work was infringed by two or more joint tortfeasors, the bill would make them jointly and severally liable for an amount in the $250 to $10,000 range. However, where separate infringements for which two or more defendants are not jointly liable are joined in the same action, separate awards of statutory damages would be appropriate.

Clause (2) of section 504(c) provides for exceptional cases in which the maximum award of statutory damages could be raised from $10,000 to $50,000, and in which the minimum recovery could be reduced from $250 to $100. The basic principle underlying this provision is that the courts should be given discretion to increase statutory damages in cases of willful infringement and to lower the minimum where the infringer is innocent. The language of the clause makes clear that in these situations the burden of proving willfulness rests on the copyright owner and that of proving innocence rests on the infringer, and that the court must make a finding of either willfulness or innocence in order to award the exceptional amounts.

The “innocent infringer” provision of section 504(c)(2) has been the subject of extensive discussion. The exception, which would allow reduction of minimum statutory damages to $100 where the infringer “was not aware and had no reason to believe that his or her acts constituted an infringement of copyright,” is sufficient to protect against unwarranted liability in cases of occasional or isolated innocent infringement, and it offers adequate insulation to users, such as broadcasters and newspaper publishers, who are particularly vulnerable to this type of infringement suit. On the other hand, by establishing a realistic floor for liability, the provision preserves its intended deterrent effect; and it would not allow an infringer to escape simply because the plaintiff failed to disprove the defendant’s claim of innocence.

In addition to the general “innocent infringer” provision clause (2) deals with the special situation of teachers, librarians, archivists, and public broadcasters, and the nonprofit institutions of which they are a part. Section 504(c)(2) provides that, where such a person or institution infringed copyrighted material in the honest belief that what they were doing constituted fair use, the court is precluded from awarding any statutory damages. It is intended that, in cases involving this provision, the burden of proof with respect to the defendant’s good faith should rest on the plaintiff.

Constitutionality
For information regarding constitutionality of certain provisions of this section, as enacted by section 101 of Pub. L. 94–553, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.

Amendments
2010—Subsec. (c)(2). Pub. L. 111–295 substituted “section 118(f)” for “subsection (g) of section 118”.

2004—Subsec. (c)(3). Pub. L. 108–482 added par. (3).

1999—Subsec. (c)(1). Pub. L. 106–160, § 2(1), substituted “$750” for “$500” and “$30,000” for “$20,000”.

Subsec. (c)(2). Pub. L. 106–160, § 2(2), substituted “$150,000” for “$100,000”.

1998—Subsec. (d). Pub. L. 105–298 added subsec. (d).

1997—Subsec. (c)(2). Pub. L. 105–80 substituted “the court in its discretion” for “the court it its discretion”.

1988—Subsec. (c)(1). Pub. L. 100–568, § 10(b)(1), substituted “$500” for “$250” and “$20,000” for “$10,000”.

Subsec. (c)(2). Pub. L. 100–568, § 10(b)(2), substituted “$100,000” for “$50,000” and “$200” for “$100”.

Effective Date of 1999 Amendment
Pub. L. 106–160, § 4, Dec. 9, 1999, 113 Stat. 1774, provided that:
“The amendments made by section 2 [amending this section] shall apply to any action brought on or after the date of the enactment of this Act [Dec. 9, 1999], regardless of the date on which the alleged activity that is the basis of the action occurred.”


Effective Date of 1998 Amendment
Amendment by Pub. L. 105–298 effective 90 days after Oct. 27, 1998, see section 207 of Pub. L. 105–298, set out as a note under section 101 of this title.

Effective Date of 1988 Amendment
Amendment by Pub. L. 100–568 effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions in effect when cause of action arose, see section 13 of Pub. L. 100–568, set out as a note under section 101 of this title.


Yes, your lawyer may have gotten you settlements based on threating people with lawsuits. happens all the time. Many companies would much rather settle and pay a relatively small amount just to avoid the cost of litigation. However, the actual law itself in regards to damages is something else entirely.

you copied and pasted but you apparently didn't understand it. you can elect to go for "actual" damages or "statutory" damages. With statutory, you don't need to prove ANY actual damages. There are statutory damages tied to all infringement.
 
That's a common internet myth cooked up by folks who just don't know any better (yet)]

Nothing mythical about it.

17 U.S. Code § 504 - Remedies for infringement: Damages and profits

15 U.S.C. 1127).
Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2585; Pub. L. 100–568, § 10(b), Oct. 31, 1988, 102 Stat. 2860; Pub. L. 105–80, § 12(a)(13), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 105–298, title II, § 204, Oct. 27, 1998, 112 Stat. 2833; Pub. L. 106–160, § 2, Dec. 9, 1999, 113 Stat. 1774; Pub. L. 108–482, title II, § 203, Dec. 23, 2004, 118 Stat. 3916; Pub. L. 111–295, § 6(f)(2), Dec. 9, 2010, 124 Stat. 3181.)
Historical and Revision Notes
house report no. 94–1476
In General.
A cornerstone of the remedies sections and of the bill as a whole is section 504, the provision dealing with recovery of actual damages, profits, and statutory damages. The two basic aims of this section are reciprocal and correlative: (1) to give the courts specific unambiguous directions concerning monetary awards, thus avoiding the confusion and uncertainty that have marked the present law on the subject, and, at the same time, (2) to provide the courts with reasonable latitude to adjust recovery to the circumstances of the case, thus avoiding some of the artificial or overly technical awards resulting from the language of the existing statute.


Subsection (a) lays the groundwork for the more detailed provisions of the section by establishing the liability of a copyright infringer for either “the copyright owner’s actual damages and any additional profits of the infringer,” or statutory damages. Recovery of actual damages and profits under section 504(b) or of statutory damages under section 504(c) is alternative and for the copyright owner to elect; as under the present law, the plaintiff in an infringement suit is not obliged to submit proof of damages and profits and may choose to rely on the provision for minimum statutory damages. However, there is nothing in section 504 to prevent a court from taking account of evidence concerning actual damages and profits in making an award of statutory damages within the range set out in subsection (c).

Actual Damages and Profits.
In allowing the plaintiff to recover “the actual damages suffered by him or her as a result of the infringement,” plus any of the infringer’s profits “that are attributable to the infringement and are not taken into account in computing the actual damages,” section 504(b) recognizes the different purposes served by awards of damages and profits. Damages are awarded to compensate the copyright owner for losses from the infringement, and profits are awarded to prevent the infringer from unfairly benefiting from a wrongful act. Where the defendant’s profits are nothing more than a measure of the damages suffered by the copyright owner, it would be inappropriate to award damages and profits cumulatively, since in effect they amount to the same thing. However, in cases where the copyright owner has suffered damages not reflected in the infringer’s profits, or where there have been profits attributable to the copyrighted work but not used as a measure of damages, subsection (b) authorizes the award of both.


The language of the subsection makes clear that only those profits “attributable to the infringement” are recoverable; where some of the defendant’s profits result from the infringement and other profits are caused by different factors, it will be necessary for the court to make an apportionment. However, the burden of proof is on the defendant in these cases; in establishing profits the plaintiff need prove only “the infringer’s gross revenue,” and the defendant must prove not only “his or her deductible expenses” but also “the element of profit attributable to factors other than the copyrighted work.”

Statutory Damages.
Subsection (c) of section 504 makes clear that the plaintiff’s election to recover statutory damages may take place at any time during the trial before the court has rendered its final judgment. The remainder of clause (1) of the subsection represents a statement of the general rates applicable to awards of statutory damages. Its principal provisions may be summarized as follows:


1. As a general rule, where the plaintiff elects to recover statutory damages, the court is obliged to award between $250 and $10,000. It can exercise discretion in awarding an amount within that range but, unless one of the exceptions provided by clause (2) is applicable, it cannot make an award of less than $250 or of more than $10,000 if the copyright owner has chosen recovery under section 504(c).

2. Although, as explained below, an award of minimum statutory damages may be multiplied if separate works and separately liable infringers are involved in the suit, a single award in the $250 to $10,000 range is to be made “for all infringements involved in the action.” A single infringer of a single work is liable for a single amount between $250 and $10,000, no matter how many acts of infringement are involved in the action and regardless of whether the acts were separate, isolated, or occurred in a related series.

3. Where the suit involves infringement of more than one separate and independent work, minimum statutory damages for each work must be awarded. For example, if one defendant has infringed three copyrighted works, the copyright owner is entitled to statutory damages of at least $750 and may be awarded up to $30,000. Subsection (c)(1) makes clear, however, that, although they are regarded as independent works for other purposes, “all the parts of a compilation or derivative work constitute one work” for this purpose. Moreover, although the minimum and maximum amounts are to be multiplied where multiple “works” are involved in the suit, the same is not true with respect to multiple copyrights, multiple owners, multiple exclusive rights, or multiple registrations. This point is especially important since, under a scheme of divisible copyright, it is possible to have the rights of a number of owners of separate “copyrights” in a single “work” infringed by one act of a defendant.

4. Where the infringements of one work were committed by a single infringer acting individually, a single award of statutory damages would be made. Similarly, where the work was infringed by two or more joint tortfeasors, the bill would make them jointly and severally liable for an amount in the $250 to $10,000 range. However, where separate infringements for which two or more defendants are not jointly liable are joined in the same action, separate awards of statutory damages would be appropriate.

Clause (2) of section 504(c) provides for exceptional cases in which the maximum award of statutory damages could be raised from $10,000 to $50,000, and in which the minimum recovery could be reduced from $250 to $100. The basic principle underlying this provision is that the courts should be given discretion to increase statutory damages in cases of willful infringement and to lower the minimum where the infringer is innocent. The language of the clause makes clear that in these situations the burden of proving willfulness rests on the copyright owner and that of proving innocence rests on the infringer, and that the court must make a finding of either willfulness or innocence in order to award the exceptional amounts.

The “innocent infringer” provision of section 504(c)(2) has been the subject of extensive discussion. The exception, which would allow reduction of minimum statutory damages to $100 where the infringer “was not aware and had no reason to believe that his or her acts constituted an infringement of copyright,” is sufficient to protect against unwarranted liability in cases of occasional or isolated innocent infringement, and it offers adequate insulation to users, such as broadcasters and newspaper publishers, who are particularly vulnerable to this type of infringement suit. On the other hand, by establishing a realistic floor for liability, the provision preserves its intended deterrent effect; and it would not allow an infringer to escape simply because the plaintiff failed to disprove the defendant’s claim of innocence.

In addition to the general “innocent infringer” provision clause (2) deals with the special situation of teachers, librarians, archivists, and public broadcasters, and the nonprofit institutions of which they are a part. Section 504(c)(2) provides that, where such a person or institution infringed copyrighted material in the honest belief that what they were doing constituted fair use, the court is precluded from awarding any statutory damages. It is intended that, in cases involving this provision, the burden of proof with respect to the defendant’s good faith should rest on the plaintiff.

Constitutionality
For information regarding constitutionality of certain provisions of this section, as enacted by section 101 of Pub. L. 94–553, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.

Amendments
2010—Subsec. (c)(2). Pub. L. 111–295 substituted “section 118(f)” for “subsection (g) of section 118”.

2004—Subsec. (c)(3). Pub. L. 108–482 added par. (3).

1999—Subsec. (c)(1). Pub. L. 106–160, § 2(1), substituted “$750” for “$500” and “$30,000” for “$20,000”.

Subsec. (c)(2). Pub. L. 106–160, § 2(2), substituted “$150,000” for “$100,000”.

1998—Subsec. (d). Pub. L. 105–298 added subsec. (d).

1997—Subsec. (c)(2). Pub. L. 105–80 substituted “the court in its discretion” for “the court it its discretion”.

1988—Subsec. (c)(1). Pub. L. 100–568, § 10(b)(1), substituted “$500” for “$250” and “$20,000” for “$10,000”.

Subsec. (c)(2). Pub. L. 100–568, § 10(b)(2), substituted “$100,000” for “$50,000” and “$200” for “$100”.

Effective Date of 1999 Amendment
Pub. L. 106–160, § 4, Dec. 9, 1999, 113 Stat. 1774, provided that:
“The amendments made by section 2 [amending this section] shall apply to any action brought on or after the date of the enactment of this Act [Dec. 9, 1999], regardless of the date on which the alleged activity that is the basis of the action occurred.”


Effective Date of 1998 Amendment
Amendment by Pub. L. 105–298 effective 90 days after Oct. 27, 1998, see section 207 of Pub. L. 105–298, set out as a note under section 101 of this title.

Effective Date of 1988 Amendment
Amendment by Pub. L. 100–568 effective Mar. 1, 1989, with any cause of action arising under this title before such date being governed by provisions in effect when cause of action arose, see section 13 of Pub. L. 100–568, set out as a note under section 101 of this title.


Yes, your lawyer may have gotten you settlements based on threating people with lawsuits. happens all the time. Many companies would much rather settle and pay a relatively small amount just to avoid the cost of litigation. However, the actual law itself in regards to damages is something else entirely.

you copied and pasted but you apparently didn't understand it. you can elect to go for "actual" damages or "statutory" damages. With statutory, you don't need to prove ANY actual damages. There are statutory damages tied to all infringement.
Actual damages are limited to what you can prove you lost in income or they profited by the use of the image. In that case intentional violation of copyright is not important because the damages are based only on what you can prove were actual financial losses caused by the infringement. Nothing more, nothing less.

Statutory damages limit the damages to almost nothing unless you can prove the infringement was intentional, clearly indicating that the assertion that intent does not limit damages to be a completely false statements.

I didn't even need to get out of my armchair for that.



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