Q: I got dinged for image copyright violation. How to decide how much I should pay.
The company PicRights found a copyrighted image I used on a book review blog post seen by about 12 people. They want $110 for using the image on a commercial website. Is my site a commercial website? What determines a commercial website? There are no ads, nothing being sold but there are links to amazon. My site is brockdeskins.com
A: Statutory damages are $750 on the low end, though a judge could lower it to $200. This assumes the work is registered, and they would also be entitled to attorneys fees and costs, which could be substantially more than the $750 that is likely.
As to a commercial website, do you make money when they click through to Amazon? If so, you arguably have a commercial website, though, in some ways that would not mater much at trial.
If you do settle, just be sure to get a release signed by them so they can't come after you again.
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