If the original image was registered before the infringement, then
there are statutory damages the exceed $100,000 per infringement.
AP wouldn't have to prove actual damages.
In a similar case Rogers v Koons see the Wikipedia article at:
http://en.wikipedia.org/wiki/Rogers_v._Koons
There is also a link to the 2nd circuit decision.
It's pretty clear here that infringement occurred and that some
damages will be awarded.
Cheers,
James
At 07:36 PM 2/26/2009 -0500, you wrote:
At 6:32 AM +0700 2/27/09, Trevor Cunningham wrote:
Not that I don't understand, I just find it interesting:
distributing mp3 files of a music album, or .avi files of a season
of a particular television series, reflects a loss of sales of a
particular product that does have measurable demand (though the
demand is significantly exaggerated because of the peer-to-peer
means of exchange). Granted, this was an AP image for which they
hold copyright, and their case is strong. However, I hardly see how
this reflects a loss of revenue considering people are not buying
the original image (even though they are, legally). The only money
"lost" is that the artist did not pay for rights to use the image.
Wouldn't the AP's suit be reduced to what their usage fee would be?
Or would they usually have points on profits as well?
Depends on when and whether they registered the image with the US
copyright office.
Being the AP I would assume they do that hourly, electronically, by ftp.
And they will go for the maximum award plus lawyers fees.
So it comes down to fair use.
--
Emily L. Ferguson
James Schenken
