tag:blogger.com,1999:blog-476268409260247588.post5830422914385588258..comments2023-10-25T06:57:34.545-06:00Comments on Maybe Mandi: Blogger Gets Sued For Borrowed ImageMandihttp://www.blogger.com/profile/17906697086569459334noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-476268409260247588.post-81455340111899833432012-08-25T00:58:31.805-06:002012-08-25T00:58:31.805-06:00Interesting post Amanda. This issue seems to me t...Interesting post Amanda. This issue seems to me to be a bit complicated. This happened in the U.S. I'm interested to know what the laws in Canada are.<br /><br />I was reading some of the comments and came across this one:<br /><br />"As it is, I happen to be an IP lawyer and I agree with Sylvester below, it does sound much more like a scam than an actual legal case (this is not legal advice either, just one blogger musing to another). <br /><br />My issue is the line you wrote where "if you immediately take down a pic if someone sends you a DMCA notice (you do have to take it down, but it doesn't absolve you.)" If you immediately took it down, I'm wondering what are his damages? <br /><br />If this ever did go to court (and it would have to be someone with buckets of money doing this) the first question I would ask as a judge is "How were you damaged?" Moreover, to get actual money damages, he'd have to have actually registered the work for him to get anything meaningful.<br />(see generally: <br />http://en.wikipedia.org/wiki/S...<br /><br />In any case, sorry this happened to you. It's more bullying than anything (but you are right, you should avoid putting up other people's work without proper attribution).<br /><br />I'm an amateur photographer too (you can look at my amateur-ness at loganlo.com) and, in the US at least, for anyone to get any real damages, the works do, in fact, have to be registered. <br /><br />Yes, you are right, you have copyright the moment it's created but if it's not registered, you are limited to only the damages you actually have (see the link above). If your picture is there on the web for the world to see, damages are more difficult to argue."<br />C.J. Schneiderhttps://www.blogger.com/profile/14505845165741421717noreply@blogger.com