I don't see any relief coming for
copyright errors you make on the Internet. The existing practices
of the more aggressive copyright owners appear to be legitimate
under existing law. And it is possible that a good defense can
defeat particular cases under a theory of "equity". But that will
depend on the particulars of the specific copyright case. And it
will be costly, a money loser for both sides. The copyright lawyers
will be the only winners in those cases.
The only way I see relief is if
Congress changes the copyright law to provide a forgiveness clause
in the law for unintentional infringers. Right now, copyright law
says those offenders can receive judgments which require lower
payments. But eliminating payments altogether would reduce the
rights of the photographer. Restated, this is simply a matter of
public policy. Should we feel sorry for, and forgive, those who can
prove they unintentionally infringed the copyright? Or should we
vigorously support the photographer, the creator of the photo? This
is a public policy, political, judgment call. I don't see anything
that says Congress will change copyright laws any time soon.
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Brian L. Frank for The Wall Street
Journal
