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In the US, copyright damages are basically profits made times a multiplier based in willfullness. Once you have received a cease and desist letter, any further
by danielvf 10y ago
In the US, copyright damages are basically profits made times a multiplier based in willfullness. Once you have received a cease and desist letter, any further copyright infringement gets mega-multiplied damages.
Other areas of the law work similarly with big increases for willfulness.
One example is Hulk hogan vs the-media-company-that-will-not-be-named. Not only did they not remove the video after a cease and desist, they also refused a judge's orders. This led to epic damages in the final court ruling - 140 million and it put them out of business.
So this is something that cannot be lightly ignored. If you do anything other than stop doing whatever the other company is mad about, you absolutely need to check with a lawyer first.
This will cost money. I'm sorry.
- throwaway668 10y agoThanks for the detailed answer-- I assume an email from said company would constitute a "cease and desist letter" although it was not signed by a judge, etc? The email essentially said I have 72 hours to cease or they will pursue legal action.
- danielvf 10y agoCorrect - they just have to notify you. It does not have to be signed by a judge. They may or may not be bluffing about 72 hours, but if you decide to continue you need to have talked to a lawyer.