I inadvertently copied some copyrighted images to a cd which I sold online (for $1.99). The buyer reported this to the copyright owner, who is now demanding $1000 or he will sue me. He has threatened to get a judgement and then a lien on my house. I need to know if I need a civil or a criminal defense lawyer. Thank you.
2006-10-08 15:36:02 · 12 answers · asked by jeff 1 in Politics & Government ➔ Law & Ethics
It was indeed inadvertent - I had 2 files and copied the wrong one. A simple (and unfortunately expensive mistake).
2006-10-08 15:57:39 · update #1
Civil
2006-10-08 15:42:16 · answer #1 · answered by 75160 4 · 0⤊ 0⤋
Civil Defense Attorney
2006-10-08 15:43:31 · answer #2 · answered by housemouse62451 4 · 0⤊ 0⤋
You don't "inadvertently" copy an image, the process is a deliberate act that requires specific commands to the pc. Furthermore, you knew when you shipped the CD that it contained copy write material, so your defense is about as ignorant as your actions.
The violation is subject to both criminal and civil court statutes, so if I were you, I'd try to negotiate a settlement. Obtain a record of the number of sales you made, offer to pay the full retail value of the number of sales, + a couple hundred for the collection expense.
2006-10-08 15:54:30 · answer #3 · answered by tee_nong_noy 3 · 1⤊ 0⤋
Civil
2006-10-08 16:18:39 · answer #4 · answered by Chris J 6 · 0⤊ 0⤋
If this is a serious question, offer to pay the guy $500 and figure that you got off cheap.
You admitted that you violated his copyright, why are you now thinking about paying a civil attorney to deny that you did? (You must be a Republican!)
And, do you really think that hiring an attorney would cost you less than $1,000??
2006-10-08 15:45:39 · answer #5 · answered by paleblueshoe 4 · 1⤊ 1⤋
It's civil, $1000 is cheaper than going to court, drop the $1k and consider yourself luck the owner isn't asking for more. If you do that though, get a contract indicating that you are covered for all use up to that date.
2006-10-08 15:44:55 · answer #6 · answered by sterno73 3 · 2⤊ 0⤋
Criminal, poor baby!! and he can garnish you'r wages, take you'r house. "I inadvertently", sure bud!! Yes you'll need a lawyer!!! How many copies did you sell? Don't tell me: just one!!
2006-10-08 15:50:24 · answer #7 · answered by alfonso 5 · 0⤊ 0⤋
I suggest you the same that paleblues... make an offer, but don't spend your money with lawyers, if you can talk for yourself. Good Luck!
2006-10-08 15:58:39 · answer #8 · answered by ruthlove 1 · 0⤊ 0⤋
Civil case. Pay him, and get it in writing to cover your self. Chalk it up to experience.
2006-10-08 15:51:48 · answer #9 · answered by Rhonda 7 · 1⤊ 0⤋
I would not respond to him. And I sure would not pay $1,000.00
If his lawyer contacts you first then look at getting a lawyer. But don't waste your money.
Just be very careful and don't do that again.
2006-10-08 15:45:29 · answer #10 · answered by Anonymous · 0⤊ 1⤋