CYBER LIABILITY ARTICLE
031 clearly accidental . Unfortunately , under copyright law , accidental use is still no defense to liability . In fact , it ’ s not uncommon for companies to be subjected to liability because they hired thirdparty web designers who mistakenly use copyrighted work when adding content to the websites they built .
As a result , it is recommended that clients obtain the proper licensing for all website content , or create the content themselves . When companies fail to do so , copyright holders are entitled to a variety of potential damages , including : ( 1 ) actual damages – lost profits ; ( 2 ) the alleged infringer ’ s profits obtained as a result of the infringement ; ( 3 ) statutory damages ranging from $ 200 to $ 30,000 ; and ( 4 ) attorney fees and costs . Where a Plaintiff can prove that the infringement is “ willful ,” statutory damages can be as high as $ 150,000 .
Key Takeaway
Although the internet can undoubtedly be a company ’ s greatest resource , it can also be its downfall . Knowing how quickly things on the internet can go viral ( just ask United Airlines ), it is highly recommended companies think twice before hitting send .
ABOUT THE AUTHOR ERIK STONE
Erik represents clients in commercial , business and civil litigation matters , including intellectual property , insurance defense , construction defect , and wrongful death and personal injury claims .
602.263.7309 | estone @ jshfirm . com
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