Ayala Law Successfully Resolves DMCA Claim Against Florida Tech Installation Company in Under 30 Days

We’re happy to announce that we have swiftly resolved a Digital Millennium Copyright Act (DMCA) dispute against our client, claiming that copyrighted images were improperly used as part of the client’s business.

The dispute, which revolved around the use of a single image that had been in use prior to the copyright being officialized with the U.S. Copyright Office, was brought under the DMCA, specifically 17 U.S.C. § 501, which provides that:

Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. 

The DMCA is a particularly strong statute, mainly due to the manner in which is requires and determines the damages of the copyright holder, whose copyright was allegedly infringed upon. The DMCA states that generally “an infringer of copyright is liable for either––(1) the copyright owner’s actual damages and any additional profits of the infringer . . .; or (2) statutory damages.” 17 U.S.C. § 504(a).

Relevant to many business owners, or anyone facing a potential DMCA lawsuit, is the presence of statutory damages. This means that even if a plaintiff cannot establish traditional damages (lost business, lost profits, loss of financial opportunities), the claim can still stand based upon these “statutory damages.” The amount of such statutory damages hinges on the specifics of the case, but in all cases, simply stating that the plaintiff did not actually suffer any substantial harm is usually insufficient to dispose of the claim. Also important to note is that the DMCA allows the court, at its discretion, to award recovery of attorneys’ fees and costs. See 17 U.S.C. § 505.

The DMCA is a powerful statute that must be considered for any business owner owning copyrights or potentially using copyrighted works. If you or your business is faced with a DMCA claim or lawsuit, it is important to contact an attorney as soon as possible in order to identify exposure and take the appropriate steps to remedy the dispute.

For more information concerning common legal pitfalls for business owners, or how you can better protect your business’s legal interests, contact one of our experienced attorneys at 305-570-2208.

You can also contact our team directly at: arianna@ayalalawpa.com

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[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].