It Can Be Very Expensive
To Be An Infringer On The Net

Numerous questions have arisen as to what, if any, rights there are to use copyrighted photographs on a Web site when the copyright owner objects. Copyright owners have of course taken the position that unauthorized use on a Web site is no different that any other infringement. A recent California case confirmed this belief, to the tune of $3,737,500, plus costs and attorney fees.

The Court, in Playboy Enterprises, Inc. v. Sanfilippo and Five Senses Productions, held that the uploading of 7475 separate images, were 7475 separate infringements, and rejected the defendant's contention that since each Playboy Magazine issue had a separate copyright, the uploading of all photos from each magazine constituted only one infringement.

The Court reasoned that each image has an "independent economic value" and is viable on its own, each is subject to reuse (as stock or otherwise) separate and apart from the other photos appearing in the issue, and each represents a "singular and copyrightable effort."

Along with the monetary finding, the Court issued a permanent injunction banning the defendants from any further use, and ordered the retention or destruction by Playboy of all relevant data files and the electronic storage media upon which the data files reside.

This case demonstrates what I have been counseling for years. Copyright infringement usually does not pay when the copyright owner has taken proper precautions to protect copyright!