Copyright Being sued for copyright and not sure what to do

welkin said:
To make any offer to settle is an admission of guilt. Don't do it.
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No, it's not. Not even remotely close. First, civil cases are not about "guilt" in the first place. Second, offers to settle are made for all kinds of reasons, only one of them being that the person admits liability. Over 90% of all civil cases that make it past a motion to dismiss are settled, and every one of those starts with an offer from one side or the other. I guarantee you that a lot of offers made by defendants are not admissions of liability or wrongdoing. I've represented some of those clients myself. Much of the general public has a poor understanding of how litigation actually works and how and why settlements get made.
 
Guilt as in admission to the allegation when an answer has not yet been filed. Do you run your law firm that way, you ask for money when the complaint is served?

OP said they wanted $150K so you think $2K is a good starting point?
 
welkin said:
Guilt as in admission to the allegation when an answer has not yet been filed. Do you run your law firm that way, you ask for money when the complaint is served?
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You apparently have a narrow view of what civil litigation is about. In many of the cases I handle, there is a lot of discussion and negotiation prior to any lawsuit being filed and yes, quite often offers are made in that process even before a complaint is filed in court. Indeed, a lot of matters can be settled without the need to go to court at all.

welkin said:
OP said they wanted $150K so you think $2K is a good starting point?
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I have no idea what the right position is for the OP to take in his/her particular case because I don't have anything close to all the facts needed to make that assessment.For that, he needs to consult a lawyer in his state that handles copyright litigation matters.
 
Tax Counsel said:
I have no idea what the right position is for the OP to take in his/her particular case because I don't have anything close to all the facts needed to make that assessment.For that, he needs to consult a lawyer in his state that handles copyright litigation matters.
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Ugh. I have talked with probably five different copyright attorneys. They all charge a several-thousand dollar retainer plus ~$300-$600 an hour. It's just going to literally take all of my money, which is why I'm leaning towards trying to offer a settlement amount.

I am going to reach out to some bankruptcy attorneys on Monday though. In the event I file for bankruptcy, any money I have made recently... does it all go away? Or...? I guess that's a question I should save for my calls on Monday heh.
 
welkin said:
This is really bad advice because any law firm that would file 123 infringement claims in a single pleading would see the case through the court. I have to question if the lawsuit was filed with the court if they are asking for a settlement figure before defendant has answered. This law firm is a copyright troll looking for fast money.
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No, it's a law firm attempting to settle a matter on behalf of their client.

To make any offer to settle is an admission of guilt.
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This is patently false.
 
Tax Counsel said:
You apparently have a narrow view of what civil litigation is about. In many of the cases I handle, there is a lot of discussion and negotiation prior to any lawsuit being filed and yes, quite often offers are made in that process even before a complaint is filed in court. Indeed, a lot of matters can be settled without the need to go to court at all.
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I know more about civil litigation than you can imagine. But what you are speaking here is negotiations to avoid a lawsuit and not filing one and demanding money. So you didn't answer the question. Once again, do you send a demand for settlement along with the complaint?

Tax Counsel said:
For that, he needs to consult a lawyer in his state that handles copyright litigation matters.
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I have recommended that to OP at least three times already.


Daniel Bachelor said:
Ugh. I have talked with probably five different copyright attorneys. They all charge a several-thousand dollar retainer plus ~$300-$600 an hour. It's just going to literally take all of my money, which is why I'm leaning towards trying to offer a settlement amount.
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Retaining a lawyer and paying for a consultation are two different things. Have you asked any of them to look at the pleadings or an example of several counts to see what he thinks ? You can offer to pay the hourly rate for an hour of their time.

Zigner said:
No, it's a law firm attempting to settle a matter on behalf of their client.
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No it is not. It is a copyright troll law firm looking for fast money. What do you think the odds are that OP found 123 pictures on the internet that are all registered to the same person? The odds are likely zero. This has become an industry to extort money from people that use copyrighted material. But most of it is fair use and the district courts have come to see it for what it is and dismiss the cases.


If OP writes an article about whatever and attaches a picture of a couple sitting at a café table how does that diminish the commercial value of the image? It doesn't. If he is using the image to sell something that might be different but I don't get that sense from what has been posted.

If you want to just pontificate go right ahead but you are showing your ignorance on the subject.

I suggest that you educate yourself on the copyright laws specifically fair use before you further embarrass yourself. You can start here if you choose to.

Beware of the Trolls: Recent Uptick in Copyright Trolling and What You Should Do | JD Supra

Daniel Bachelor said:
Over the years on my website, I would include a photo with stories I wrote. I found these images on Google or social media. A law firm gathered up 123 instances over the last five or so years and have filed a lawsuit against me.
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[QUOTE="welkin, post: 321934, member: 127873"

No it is not. It is a copyright troll law firm looking for fast money. [/QUOTE]
I notice that you don't dispute the rest of my post where I point out that you are 100% wrong about your assertion regarding settlement negotiations.
 
army judge said:
It won't cost anything but your time to speak with three or four bankruptcy attorneys.

If a person or entity declares bankruptcy, and subsequently gets the debts discharged, judgments will also get zapped.

You could even research Chapter 7 Bankruptcy, buy yourself a book or two, and initiate a pro se BK action.

If you do it correctly, a successful outcome would also be as fortuitous.

I wish you well, mate.
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Really appreciate the advice and the kind words. Going to research some BK attorneys now.
 
Tax Counsel said:
No, but certainly a plaintiff could do that if they wanted to do so. It wouldn't adversely affect the lawsuit.
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Doesn't doing so violate the code of ethics that attorneys have to follow? Isn't doing so a form of extortion to coerce a defendant into settling the case or just paying the demand?
 
welkin said:
Doesn't doing so violate the code of ethics that attorneys have to follow? Isn't doing so a form of extortion to coerce a defendant into settling the case or just paying the demand?
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No, it does not. It's not extortion or coercion.
 
welkin said:
The court decides what damages are awarded not the plaintiffs attorney.
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Yes, that's correct, but it doesn't have anything to do with what I said.

Just more pontification. Nothing to back it up.
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That's for admitting that your posts amount to pontification with nothing to back them up.
 
welkin said:
This is really bad advice because any law firm that would file 123 infringement claims in a single pleading would see the case through the court.
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You've already demonstrated your ignorance of the subject matter, and now you're demonstrating your ignorance of law firms and plaintiffs that handle cases like this.

welkin said:
To make any offer to settle is an admission of guilt.
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And now you're demonstrating ignorance of the rules of evidence and the difference between criminal and civil law. There is no "guilt" in civil litigation.

welkin said:
Just deny and allege it was fair use.
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Not only is this bad advice, it arguably violates the rules of this cite to give what is clearly legal advice. It is a very bad idea to advise that someone allege an affirmative defense that has no basis in fact, in violation of Rule 11 of the Federal Rules of Civil Procedure.

welkin said:
OP said they wanted $150K so you think $2K is a good starting point?
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I once started a mediation in which the plaintiff was asking for more than $150k with a $5k offer. It set the tone for a very favorable mediation. Obviously, negotiation is something else about which you're ignorant.

welkin said:
Doesn't doing so violate the code of ethics that attorneys have to follow? Isn't doing so a form of extortion to coerce a defendant into settling the case or just paying the demand?
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LOL! Civil litigation is all about demanding money in compensation for an alleged legal wrong. Extortion is a demand for money or something else on threat of physical harm. Attorneys are prohibited from threatening criminal or administrative prosecution in order to gain leverage in a civil action. There is no prohibition against demanding money. That's just plain silly.
 
zddoodah said:
I once started a mediation in which the plaintiff was asking for more than $150k with a $5k offer. It set the tone for a very favorable mediation. Obviously, negotiation is something else about which you're ignorant.
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I am still a little unsure of what to do. Should I offer my $2000 and also seek advice from a Bankruptcy attorney you think? I just worry starting negotiations will open the door for them to want more and more. They feel like sharks smelling blood.
 
Daniel Bachelor said:
I am still a little unsure of what to do. Should I offer my $2000 and also seek advice from a Bankruptcy attorney you think? I just worry starting negotiations will open the door for them to want more and more. They feel like sharks smelling blood.
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We really cannot advise further. You will need to make the decision after speaking with an attorney (or attorneys).
 
Daniel Bachelor said:
I am still a little unsure of what to do. Should I offer my $2000 and also seek advice from a Bankruptcy attorney you think?
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As I mentioned in response to the poster who improperly gave you legal advice, it is against this site's rules to give legal advice. It's also a bad idea to take legal advice from anonymous strangers on the internet.

Here's what I can tell you. First, your description of the situation tells me that, even without this lawsuit, bankruptcy might be a part of your immediate future, so a consultation with a BK lawyer would be a good idea. Second, if I were the plaintiff's lawyer, a $2k offer wouldn't even get a response. Third, offering money if you're going to file BK won't work. The money would be subject to disgorgement as a preference payment under BK law. If the BK option seems appealing to you, get a consultation, but do it soon before the answer is due in the litigation.
 

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