4 ms·
(This is specific to the US--the author is Australian) Yes, that's correct, but at that point you can only sue for actual damages, not statutory damages. For
by balls187 9y ago
(This is specific to the US--the author is Australian)
Yes, that's correct, but at that point you can only sue for actual damages, not statutory damages.
For someone who does not sell photos, the damages would amount to be the cost of a license for use of that photograph. GettyImages has an image of a VHS Tape for $600, which includes royalty free usages globally.
How much will it cost to fire a legal shot across Netflix' bow, and negotiate a license agreement? $300/hr?
I just don't see any scenario that can playout in which the author comes out ahead--hence out of luck.
- dragonwriter 9y agoAttorneys fees and costs are usually awarded in addition to whatever damages are allowed, so shouldn't be considered against the damage award.
- balls187 9y agoOnly if you had registration before or within 3-months after infringement (safe-harbor). https://www.lexology.com/library/detail.aspx?g=753081a5-e633-48a0-910e-02ca37b1e3ee https://www.lexology.com/library/detail.aspx?g=753081a5-e633...