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Understood. Since you're knowledgeable: this goes back to some other portion of copyright law, yes? Are copyright holders required to sue in order to force the alleged infringer to cease infringement? In the process of the suit, when might an alleged infringer be forced to take down the material in question? And under what circumstances would they claim damages versus a simple takedown (if, for example, the work in question is out of print)?

Also, I'm curious to know your reaction to the second part of my reply.




I think the mechanics of how to actually take down content is getting pretty far past my knowledge but I suspect this falls in the general category of "people still have the free will to break the law" and isn't about copyright law particularly. The takedown process is specific to the DMCA's concept of online service providers - YouTube keeps its safe harbor as long as it promptly responds to takedown notices (and counternotices). But if you want some content off my personal blog, there isn't a specific "takedown" procedure - you just tell me that every time someone downloads it, I'm making yet another illegal copy, so it's probably a good idea for me to get rid of the page. If I refuse, I think your legal process is roughly the same as if I were defaming you or whatever on my blog.

https://www.law.cornell.edu/uscode/text/17/504 has some details on damages (but also note https://www.law.cornell.edu/uscode/text/17/412 , that you need to register copyright to get the option of statutory damages). I think (but I am a bit unsure about this) that if I posted some copyrighted content on a blog without permission, I'd be liable for the $750 in damages if the copyright holder had registered it and found it worthwhile to go to court to get it.


I’m not fluent enough in legalese, apparently. Is that $750-30k per infringer or $750-30k per copy? For a website, that’s a huge difference as every visitor initiates a new copying event. (As opposed to something like a printing press where you can strike off 10k copies in a single go).




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