Legal Question in Intellectual Property in California

# If I copy & publish someone's content into my blog/website, can the original author file a case against me demanding "monetary penalty".

# If, then how much do I have to pay if the original author issue a lawsuit & I get defeated on that case.


Asked on 4/21/12, 2:50 am

2 Answers from Attorneys

Dana Robinson Techlaw LLP

If the owner of the content has a copyright registration, then you can be liable for statutory damages of up to $150,000 and attorneys' fees. If they do not have a registration, then you would face liability for actual damages, and a court could still award attorneys' fees. Copyright infringement remedies are quite broad, and can bring liability against the corporate officer(s), as well as anyone who receives a benefit from the infringement.

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Answered on 4/21/12, 11:21 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Basically, yes; this is the essence of copyright infringement. However, copyright law has a concept of "fair use" which allows quotation of material from someone else's creative work when the user copies for some limited and reasonable purpose and doesn't seriously affect the copyright owner's economic interests. Examples of fair use include quoting something you've read in your school homework, literary criticism, and brief quotations for other purposes that don't detract from the author's ability to control and sell his or her work.

The measures of damages for copyright infringement are difficult to summarize in a LawGuru answer. The court will generally look at whether the infringement was intentional or accidental, and whether the plaintiff has lost sales and profits as a result of the infringement. The successful plaintiff can elect statutory damages set forth in Section 504(c) of the Copyright Act of 1976, or can attempt to prove lost profits or reasonable value of a royalty for the infringer's use. The successful plaintiff (or defendant) may be entitled to attorney fees.

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Answered on 4/21/12, 2:43 pm


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