extortion demand for copyright violation

[jeff j]

What is the name of your state? Virginia


I sold a cd that inadvertently may have had 3 or 4
copyrighted images on it (I copied the wrong file). Now the
copyright owner is demanding $1000 cash or he will get a
judgement and then a lien on my house. I want to know if it
is advisable that I pay this, and that if it is safe to
send this guy money (I mean he could keep it and not send
me the settlement agreement that releases me from
liability). Please advise. Thank you.

additional info: my profit for the cd was measly $1.99 (that is one dollar and 99 cents). He is demanding $1000 from me.

 

[TomD1974]

Need more facts

What you are experiencing is not uncommon. Do not pay a dime. Send a letter stating that any violation of a copyright law on your part would have been unintentional, and that you have no plans to violate any copyright law. Don't get into a lot of explanations. Just quick and to the point.

If you have a lawyer that you use for your business, go ahead and advise him about this before you do anything, of course.

Nothing will happen. This person will not (and cannot) put a "lein on your house" or anything along those lines. You have to prove damages in a case like this, and he will have to start ponying up some money to pay his own attorneys in a case where they all know they've got nothing. Not gonna happen.


BTW, this is moe of a "Business" question. There appears to have been no "crime" committed.

 

[Zigner]

What you are experiencing is not uncommon. Do not pay a dime. Send a letter stating that any violation of a copyright law on your part was unintentional, and that you have no plans to violate any copyright law. Don't get into a lot of explanations. Just quick and to the point.

If you have a lawyer that you use for your business, go ahead and advise him about this before you do anything, of course.

Nothing will happen. This person will not (and cannot) put a "lein on your house" or anything along those lines. You have to prove damages in a case like this, and he will have to start ponying up some money to pay his own attorneys in a case where they all know they've got nothing. Not gonna happen.


BTW, this is moe of a "Business" question. There appears to have been no "crime" committed.

Oh brother - don't listen to THIS guy! Whether or not you intended to violate the copyright, you violated it.

PS: Actually, the advice about notifying your lawyer was good

 

[TomD1974]

Oh brother - don't listen to THIS guy! Whether or not you intended to violate the copyright, you violated it.

PS: Actually, the advice about notifying your lawyer was good

The lawyer he talks to will tell him the same thing. Sorry if you don't like that. If he follows EITHER of our advice he will be fine. Given what he stated, there is nothing to "recover". He just needs to make sure he stops what he's doing.

This stupid scare tactic is used commonly by rank amateurs.


OP - maybe you should post this is the biz section where you don't get these "law and order" types on here spouting their drivel. This is not a criminal issue.