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Very wrong. A pirate is far more likely to be sued in civil court than to be arrested and criminally charged. As a civil defendant you have far fewer rights than in a criminal case. The Plaintiff only has to convince the judge that he is more right than you. He does not have the heavy burden of "beyond a reasonable doubt" as in a criminal case.
A copyright Plaintiff does not have to prove much to win. He just needs to show two things: (1) Ownership of the copied work; and (2) Copying or other misuse by the Defendant. He proves the first by showing his Certificate of Registration from the copyright office. He proves the second by showing his photos and your infringing copy side-by-side. End of story.
And a copyright suit, in federal court, moves surprisingly quickly. You could be slapped with a restraining order immediately after the suit is filed, meaning an end to your infringements under threat of arrest for contempt of court. For technical reasons having to do with the copyright law and federal rules of procedure, final judgments may be reached within a few months.
Perhaps you think you can charm or fool a jury? If the facts and issues are clear-and they generally are in such cases-the judge will decide the case. You will never see a jury.
Think you can fight it? Talk to a copyright specialist attorney and think of paying by the hour for what will probably be a hopeless defense. And do not forget, Mr. Pirate, that when you lose you will also be stuck for the Plaintiff's legal fees.
Can they "do much" to you? Copyright penalties have been called "nuclear." Penalties of up to $150,000 per photo are permitted. And an injunction which, depending on your business method, may put you out of business forever, is likely.
Do not assume you can successfully defend a legitimate copyright case, especially when registered photos are concerned. As a rule of thumb, if you get caught, better try to settle cheap and quickly.
Return to Internet Copyright Myth 6
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