How it works in the courts... I did a bit of research as to how it works in the courts.
There are 2 main parts: 1) Did they violate someone's copyright? (YES in this case) 2) Were there damages to the copyright holder? If the 2 conditions are met, the court then decides an "appropriate" penalty/award. The award has a lot to do with the damages that can be substantiated, as well as the original intent (for instance, was it malicious or inadvertant). Of course, IANAL, but thought I'd throw this into the fray. BTW Great work Mike! There's --- In [email protected], "johnleeke" <[EMAIL PROTECTED]> wrote: > > > > to discuss these very issues. It's time for the crowd to recommend > > solutions. MyHeavy is now willing to play ball by your rules. Write > > the rules. I'll convey them. > > OK, the first rule is: > > **** > If you used content without permission of the owner you have to pay > the owner's asking price for that use. The first use without > permission is not excusable. APPLIED RETRO-ACTIVELY, meaning that you > pay up even though this "rule" was not in place at the time of > transgression. This rule is to be applied on moral grounds and not > only on legal grounds. The payments are to be made on the > transgressor's initiative, meaning that the transgressor must contact > the owners of the content and ask how much the owner wants for the > use, and then immediately make that payment. > **** > > For example, my own rate is $1000 for the first instance, and $500 per > video per any part of a day. They used 11 of my videos and used them > for at least part of one day, so the total they owe me is $6000. If > they can afford to buy fancy prizes for cute models, they can afford > to pay up right away. They can send that $6000 directly to my paypal > account: [EMAIL PROTECTED] > > > To speak frankly to the people at MyHeavy: there are no defensible > moral grounds for taking something that does not belong to you, no > matter how slight or great the value, your intent, awareness, or > excuses! Step up to the plate and take responsibility for your > actions. Whether or not you follow the rule above will be a clear > indication your character. > > John Leeke >
