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Don’t call the ISP and/or copyright holder.

What Do I Do If I Received a Copyright Infringement Notice? The more works, the greater the measure of damages and cost. The plaintiff will usually have attached a list of copyrighted films to the lawsuit so that you know how many copyrighted works are involved. And that’s not including attorney’s fees. This means that even if the plaintiff didn’t lose a cent due to your infringement, they can still pursue damages of up to $150,000 per copyrighted work (but see some practical solutions, below). Unfortunately, the stakes are high in copyright infringement claims due to the principle of statutory damages. What is a Copyright Infringement Lawsuit Going to Cost Me? The letter also indicates a deadline to file any such motion. There are things that an attorney can do keep one’s information private in court records, but very little that can prevent the ISP from providing the contact information altogether. “Comcast will provide your name, address, and other information as directed by the Order unless you or your attorney file something with the District of New Jersey…” The ISP is stating it intends to comply and provide all the information the copyright holder needs to pursue a civil case. “The court has ordered that Comcast to supply your name, address, and other information to Malibu Media, LLC…” The copyright holder does not have the names or contact information of the individuals it is trying to sue, and as such has subpoenaed the ISP in order to obtain them.

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“You have been identified in our records by your assigned Internet Protocol (“IP”) address, which is unique to each user.” The ISP is indicating that the copyright holder has provided a list of IP addresses associated with the illegal download or upload of a copyrighted work, and the notice recipient’s IP address is on that list. “Malibu Media, LLC has filed a federal lawsuit in the United States District Court…” This identifies the copyright holder that is accusing the notice recipient of infringement. Understanding the Copyright Infringement Notice address so that they can name them in the lawsuit and hold them responsible directly (without having to go through the ISP). address, they subpoena the ISP to legally force them to reveal the name of the account holder associated with that I.P. Since, at least at the outset, all the ISP has is an I.P.

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If one’s ISP has sent a copyright infringement notice, then either their technology has detected infringing activity (usually based on visits to torrent sites and the like) or the copyright holder has sued the infringer, claiming someone has used the ISP’s network to download content illegally. Why Did My ISP Send a Copyright Infringement Notice? Further, the ISP intends to provide its customer’s name and address to the copyright holder so that the latter can pursue legal or civil action. address of the customer in question has been associated with illegally downloading copyrighted content. The notice typically states that the I.P. A person with a blog or who otherwise owns a website may also receive one from his/her web hosting company, assuming the infringed content is published on said site. What Companies Send Copyright Infringement Notices?Ī copyright infringement notice will most often come from one’s ISP. The following is a guide for anyone who has received a copyright infringement notice. Copyright infringement is a serious situation and the laws strongly favor the copyright holder in most instances. Someone who receives a copyright infringement notice from his/her ISP needs to act quickly and smartly. This will result in the ISP sending the infringer a letter notifying them of same. Second, they can sue the alleged infringer, and subpoena the ISP for the contact information of the infringer. When that happens, the ISP will immediately send a notice to the customer in question alleging them of copyright infringement and demanding that they stop (in fact, some ISPs will penalize the person by freezing or slowing their internet access). First, they may send a notice to the internet service provider (ISP) that services the offending individual. If a copyright holder like Malibu Media or Strike 3 believes a person or persons has downloaded protected content without permission, they may take two courses of action.