Question

Martha is a website owner and operator of techtalk.org (a fictitious website) owned by TechTalk LLC. Martha writes reviews of new technology products and makes money from online advertising on the website. For each article, Martha includes a copyright notice of “© 2012 TechTalk” at the bottom of each article but has not registered the articles with the U.S. Copyright Office. Martha runs a search on the Internet and finds that a competing website has three articles that are strikingly similar to articles appearing on techtalk.org with more than 80 percent similarity in the text. Describe the requirements for TechTalk LLC in bringing a copyright infringement action. What remedies could TechTalk LLC seek? What defenses could apply?

Answer 1

The requirements in bringing a copyright infringement action will be that the  work must be registered before the action is in motion.

The remedies that TechTalk LLC can seek include a temporary restraining order , monetary damages, etc.

The defenses that could be applied are the nature of the copyrighted work and that the  infringed work was published before.

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