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If there is some copying, courts typically look to whether the allegedly infringing work is "based upon" or "substantially similar to" the original work.
In addition to being expensive to litigate, a copyright lawsuit can result in statutory damages (which can range between $750 to $30,000 for each infringing work found on a website), some or all of an infringer's profits and even steeper penalties for willful infringement.
"Note: Providing us with search terms such as 'Artist A' or 'Song B' will not be considered reasonably sufficient for us to locate the alleged infringing work.
If an infringing work has cost you money, carefully document how far your income has fallen.
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As to the issue of compliance with takedown notice requirements, Google cites voluminous case law to argue that a copyright owner must "provide the specific location of the allegedly infringing works in each instance for the notice to be effective".
One of Congress' goals when it passed the Digital Millennium Copyright Act in 1998 was to insulate certain digital content providers (called "service providers" in the statute) as long as they promptly took down infringing works on notice from the copyright holder of those works.
Statutory penalties for this case include judgments between $750 and $30,000 for each infringed work and up to $150,000 per song for willful infringement.
In July 2009 a federal district court judge rejected Fox's motion to dismiss, saying that the first three fair use factors involved — "purpose and character of the use", "nature of the infringed work" and "amount and substantiality of the taking" — counted in Metrano's favor, while the fourth — "economic impact" — had to await more fact-finding.
For it to apply, the infringer must be able to show that the dealing was for criticism or review, that the infringed work was previously made available to the public, that the dealing was fair, and that the dealing was accompanied by an acknowledgement.
The infringed works appeared on AEO websites, social media, billboards, advertisements, and in-store displays.
The infringed works appeared in cities across the United States, as well as insamuch as Mr. Anasagasti has been able to identify in Colombia, Panama, and Japan".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com