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Originally Posted by SilentKnight
So you've gone through the legal process and received $100k yourself?
Firstly, these are settlements between lawyers - not court-awarded. We've never gone to court (yet) with a case. Settlements are always substantially lower than amounts a judge would hand down. And much of the time the infringing individual is a nickel-and-dime punk with very little liquid assets available. Obviously a lawyer takes into consideration the amount a person can conceivably pay when attempting to negotiate a settlement.
As for 50% of $2600 not being worth your time, you must be a real BMOC if sending a simple email isn't worth $1,300usd.
In Canada, copyright damages are awarded based on the potential loss of revenue each infringement represents. Are you saying you have images that generate $100k each for you?
As for saying our lawyers suck - I guess they've been sucking since 1887.
http://www.patents-toronto.com/ (Riches, McKenzie & Herbert LLP) |
If I see it, I'll send you an e-mail and collect my 1,300. What I should have said was that amount wasnt worth my going out and looking. :-)
I dont have any content to copyright, so no, I havent been through the process as I have never had a need. And I am aware of the lowness of settlements, but that just seems really low. Apparently US and CA copyright is very different, something I would not have expected. In the US, as long as a handful of requirements are met (namely that you actually recorded a copyright with the USLOC), you can go after a $100K verdict for each infringement as a stautory damage, without need to prove actual harm or potentional for same.