Can I be sued for monetary damages for copyright infringement?
I have been using an image on my home theater website that unknowingly belongs to another home theater website. I don't even remember how I got the image and did not realize it was copyrighted.(my dumb assumption). I received an email from a lawyer firm representing the company stating that I remove the image from my website and report to them the income produced by my website. I did respond stating that I did not realize the image belonged to the company they represented and did not even remember where I got it. The website is an informational site about my hobby (home theater) and is not intended for financial gain. I apologized and removed the image. I then received another email from the lawyer firm stating that my negligence was not a valid excuse and I was still responsible for the use of their image. They attached forms for me to fill out for a settlement of $5,000. Is there a good chance they will sue and can they make me pay the 5 grand? I don't have the money. Site is removed
Can I be sued for monetary damages for copyright infringement?ballet theaterFirstly, yes, you can be sued for monetary damages for infringment of a copyright. Secondly, ignorance of law is no excuse i.e. you can't violate the law by simply saying you were not aware of it. However, there is a provision of "fair use" of copyrighted material, so if you have used it for your personal consumption without putting it for any financial gain or profit, then you can be exempted under "fair use". You can reply to that lawyer that that you have not made any profit out of the image. You may also contact a local attorney to draft the reply.
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