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Old 04-07-2014, 08:16 PM   #1 (permalink)
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Join Date: Apr 2014
Posts: 2
Copyright Infringement: Received Cease & Desist Letter

Hello community,

I need some legal help.

I run an ultra-small news blog and I accidentally used a photographer's pic in one of the posts. I got a Cease and Desist letter from the photographer's attorney, pointing out the fact that that particular photo was copyrighted, so I immediately took down the pic, and wrote back to them stating so (I don't have any legal experience). My blog is small, nobody almost visits (less than 20-30 visits a day), and it's not monetized (non-commercial; I don't earn anything from it). It's also very new, launched just a month ago. They want $10,000 in damages.

To my knowledge, I thought the image was used in Fair Use because it was for News Website, which is what Fair Use is for.

What are my current options, and how should I proceed? I'm in California, LA.

If I should get an attorney immediately, how much would that cost?

Thanks! Your help is much appreciated!
Powka is offline  
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Old 05-19-2014, 11:10 AM   #2 (permalink)
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Join Date: May 2014
Posts: 26
Don't let them scare you. You do not have to pay until they actually take you to court and win. Since you took down the photo when requested, you might be protected under the safe harbor provisions of the Digital Millennium Copyright Act.

http://www.legalmatch.com/law-librar...-material.html

In addition, you are correct in that fair use is considered an affirmative defense to copyright infringement.

It is unlikely that they will actually win if they take you to court.

If they are still threatening you, you should consult with a lawyer to see if you can sue them for harassment.
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Old 11-09-2014, 07:23 PM   #3 (permalink)
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Join Date: Oct 2014
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You don't have to be threaten immediately and don't take the bait. You have to worry too much unless they file a case against you. You could ask for an advice from expert on what is the right thing to do on this kind of situation.
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