Enriching Life Through Innovative Ideas SM

版權流氓

今天我們要給您介紹專利流氓的表弟,那就是不太出名的版權流氓。 與專利流氓類似,版權流氓是一些人和組織通過與多個版權持有人簽訂合同及購買的方式讓自己獲得版權的合法使用權。 這些”流氓”會在之後追查侵權行為,或者去追蹤那些有可能侵犯他們版權的人,然後大量的發出先訴和解信。版權流氓通過恐嚇對方要求賠償法律規定的最高賠償額度,但是最終提供一份要求賠償少很多的和解合約來賺錢。通常和解費大概在一千五到兩千五之間。 這樣,收到先訴和解信的人往往會選擇付錢和解來脫身,從而避免花費高額的訴訟費。 

為什麼這些版權流氓不需要受到任何處罰就可以這樣逃脫呢? 首先,美國憲法和1976的版權法案允許版權持有者發起侵權行為的訴訟,版權持有人可以起訴任何傷害其獨有權力的侵權者。 版權法案同時也給予了版權持有人一個收回實際損失或者法定損害賠償的機會。 (17 U.S.C. 501.)

這給那些視”流氓”為機遇的企業團體了提供了轉快錢的良好機遇,這些團體其實根本沒有想要起訴的初衷。 打個比方, Righthaven LLC就是一個以恐嚇起訴版權,但最終為了拿和解費而創造的公司。Righthaven與缺少資金的版權持有人們簽約以此來完全的獲得並利用他們版權的法律權益。然後Righthaven進一步利用他們的優勢資源,而這是之前版權持有人所缺少的。 Righthaven的資源允許他們輕鬆的指控大群體的侵權行為,而不是通過發出勒令其停止運營的信件從而真的去防止侵權行為的產生。Righthaven 為了增加侵權人想要付錢和解的可能性,而不是進一步冒著想要打官司的風險,他們會立刻給收件人發送和解信。

這一詭計被叫做” 訴前通知”,然而現在這一策略已經沒用了。法律現在有明確規定可以約束像Righthaven這樣只拿著法律版權的版權流氓,根據版權法案,這種版權持有人身份並不能起訴侵權。 請查閱案件Righthaven v. Democratic Underground, No. 11-16751 (9th Cir., May 9, 2013). 只有當版權持有人的獨有權利被侵犯時,他/她才有權利起訴侵權者。 法院裁定版權流氓只持有法律權益但是並沒有獨有的權利,因此這不符合版權法案關於訴訟的要求。

這一切產生的結果是,版權流氓在購買版權時開始要求獨有持有權; 然而,他們這樣卻適得其反。 從 AF Holdings Does 的案子看來, 版權流氓依賴著 “欺騙性手段” 應根據詐騙影響和腐敗組織法(RICO) 而成熟其法律義務的。 AF Holdings v. Does et al., Case No. 1:12-cv-00048 (D.C. Cir., May 27, 2014). 實際上, 版權流氓在試著重建他們原有的結構時甚至是獨有權時,有可能面對著一場艱苦的鬥爭。

如果您或您的公司收到了來自版權流氓的和解信,或者需要解決相關問題,請聯繫我們的免費電話 (888) 827-8880 或者發郵件到[email protected]

若想瞭解更多關於版權的資訊,請訪問我們的網站www.TheWangIPLaw.com.

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

G.L.

Read All