Talking about a copyright violation, someone sharing an online picture via email found somewhere on the internet without consent

Asked over 1 year ago - Arlington, VA

If someone uses another individual's picture to create a fake dating profile under a fake name, when a DMCA take down notice is served & it's effective in stopping an online infringer from carrying out further activity, does the online infringer still owe money or is s/he free from any payment on the copyright infringement?
when there is a copyright violation, is serving a dmca notice the first step or can the infringer be directly sued to pay for the infringement without serving a dmca take down? Thanks

Attorney answers (1)

  1. Andrew Mark Jaffe


    Contributor Level 17

    Answered . The DMCA take down notice is just that - a take down notice.

    If you wish to pursue the infringer (the poster) that is a separae legal action and you would need to show some sort of damages to collect a judgment. The cost of the law suit would probably be prohibitive.

    This post is provided for general informational purposes only and is not intended to be legal advice specific to... more

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