Trial Law Review

Did You Know You May Be Violating the Digital Millennium Copyright Act?

Written by Daniel J. Epstein | Nov 1, 2018 8:05:01 PM

If you have ever posted photographs on your website that you didn't own or have sent marketing emails with images that did not belong to you, you may be violating the Digital Millennium Copyright Act, 17 U.S.C.  ยง 1201, et seq. Under the DMCA, each violation could result in a statutory award of at least $2,500.00 per violation.

In my experience, I have handled DMCA claims involving a lumber yard allegedly removing an architectural seal and copyright marks from architectural plans it reproduced, a technological company allegedly reproducing copyrighted code without first paying for the computer program, and a cosmetics company allegedly using copyrighted images without permission in their marketing emails and websites.

If you think someone has used your copyrighted images without your consent or you are concerned with your potential use of copyrighted images, contact one of our Sioux Falls, Sioux City, or Omaha Attorneys to discuss options available to you.