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Old 12-26-2020, 12:17 AM   #34570
ortforshort
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Join Date: May 2012
Posts: 1,210
I stopped reading after the 30K

Quote:
Originally Posted by tnfoto View Post
It's true, Getty may be further emboldened by this new legislation.



$30,000 "a pop" is not entirely accurate. Within the Act in question, § 1504.e.1.A.ii.I specifies a maximum of $15,000 per work infringed, and § 1504.e.1.A.ii.II clarifies that if a work is not "timely registered" under 17 US Code § 412, the maximum is $7,500 per work infringed, up to $15,000 in any one hearing. Further, § 1504.e.1.D sets a maximum of $30,000 per "proceeding" not per work (or "pop").



While existing copyright provisions such as those previously used by Getty will remain unchanged, this Act (linked above) does not allow for their decade-old tactic of rushing to the courthouse, or to the debt collector. In order to enforce any of the permissible remedies in the copyright sections, there is a notice-response-hearing process clearly defined in § 1505.a.1, § 1505.a.2. § 1505.b.1.A, and § 1505.b.1.B.

Even so, I'm sure there will be an exploitable loophole or weakness in the system that will be tested early on.
Sorry about that, I stopped reading after the $30,000. Even at $7500, we get the gist of what they're trying to do.
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