Legal Question in Intellectual Property in New Jersey

Hello,

I received a letter stating to pay a certain amount of money or I will be added to a lawsuit for bit-torrent downloading.

I consulted a lawyer that attempted to negot the settling price down for me.. well it didn't work.

My lawyer stated he is not going to chase them down and he feels the ball is in their court.

I keep seeing these cases thrown out of court. Is there a lawyer in NJ, even better in NYC that can help me with this issue?

I'm not that worried about this, but if more heat omes my way I want to have an attorney that specializes in these matters. copyright / bit torrent downloading etc.


Asked on 9/13/11, 6:09 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney familiar with these cases, I think you need to take the matter much more seriously. If there's been copyright infringement, it won't get "thrown out of court." All creative works are automatically protected by copyright law, but registered works are afforded much greater protection. Copyright law sets statutory damages (damages that do not have to be proven) for unauthorized use (including downloading from bit-torrent, etc.). These generally range from $1,000 up to $150,000 per infringement.

If the copyright is registered, which it probably is, then you can also be liable for the owner's attorney�s fees, which can be substantial - $10,000 to $30,000 and up is actually a reasonable range these days. So, you need to re-think your statement about not being worried - you should be.

Ignoring their demand is yet another bad idea as the the final price tag will also include attorneys fees, bumping it up dramatically. That is, unless your idea of a good time is paying statutory damages of $1,000 to $150,000, plus attorneys fees in the $10,000 to $30,000-plus range. You should definitely consult with a good intellectual property or franchise attorney in your area for specific advice and to help you resolve this issue asap.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

Read more
Answered on 9/13/11, 6:30 pm


Related Questions & Answers

More Intellectual Property questions and answers in New Jersey