Sat. Dec 4th, 2021

Relating to claims of cybersquatting, it’s comparatively understood that offering false Whois contact info is related to the unhealthy religion willpower beneath the Anti-cybersquatting Client Safety Act (ACPA). Nevertheless, it could be much less well-known that offering false contact info might also be related to a copyright infringement lawsuit. Particularly, beneath the Copyright Act, particularly 17 U.S.C. § 504(c)(3)(A), “it shall be a rebuttable presumption that the infringement was dedicated willfully for functions of figuring out reduction if the violator, or an individual performing in live performance with the violator, knowingly offered or knowingly induced to be offered materially false contact info to a website identify registrar, area identify registry, or different area identify registration authority in registering, sustaining, or renewing a website identify utilized in reference to the infringement.”

Put one other means, this provision makes clear that an alleged infringer that’s infringing the copyright of one other via technique of an internet site could also be topic to statutory damages for willful infringement if the Whois info for the area identify pertaining to that web site is inaccurate. That is extraordinarily essential and should present extra leverage towards an alleged infringer, particularly since willful infringement topics a copyright infringer to $150,000.00 in financial damages. You will need to acknowledge that the stipulations for a copyright infringement lawsuit, and the flexibility to recuperate statutory damages, nonetheless apply. Particularly, a copyright should be registered with america Copyright Workplace previous to the infringement or inside three months of publication, and the infringement should be willful. This specific provision, assuming that the copyright was correctly registered in a well timed vogue, creates a rebuttable presumption that the infringement is willful.

Thus, it can be crucial that any on-line copyright infringement embody an evaluation of the area identify Whois info. Conversely, copyright attorneys ought to advise their shoppers that, as soon as once more, sustaining correct and up-to-date contact info is extraordinarily essential for a number of causes of motion, together with copyright infringement. Finally, understanding that provisions like this exist are important for any web lawyer who commonly offers with on-line copyright infringement and associated points. Understanding {that a} comparable provision doesn’t but exist for trademark infringement claims might also be useful and value lobbying or argument on the identical.

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