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

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

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Attorney answers 1


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 you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.

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