12-28-2025, 08:38 AM
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Confirmed User
Join Date: Feb 2007
Location: Los Angeles, CA
Posts: 1,892
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Oh I forgot to post this link to an article I wrote 2 years ago...
https://adultbizlaw.com/2023/03/20/a...edown-notices/
Quote:
If you do have to file a lawsuit, one of the strongest aspects of Section 512(f) is that it also allows a party to recover attorney’s fees for a false takedown notice. These types of cases have rarely been litigated in the past, but it does appear that more and more affiliates are willing to file suit to protect their business and obviously ranking on Google.
In a case filed in June 2022, damages of $7.6 million were demanded by an aggrieved party. According to Engaget.com, a YouTuber by the name of Lord Nazo received copyright takedown notices from CSC Global — the brand protection vendor contracted by game creator Bungie — for uploading tracks from their game Destiny 2’s original soundtrack. While some content creators might remove the offending material or appeal the copyright notice, Nazo, whose real name is Nicholas Minor, allegedly made the ill-fated decision to impersonate CSC Global and issue dozens of fake DMCA notices to his fellow creators. Bungie is now suing him for a whopping $7.6 million.
Read the entire story here -> https://www.engadget.com/bungie-sues...000022846.html
This is obviously a case that involves willfully filing numerous false DMCA takedown notices which is why CSC Global is asking for such a huge amount of damages.
There is a case that better illustrates what you can recover in DMCA litigation. In Automattic Inc. v. Steiner, 2014 U.S. Dist. LEXIS 182295 (N.D. Cal. Oct. 6, 2014), in a lawsuit filed in response to a false DMCA claim with WordPress, the U.S. District Court for the Northern District of California awarded Automattic $960 in damages for Hotham’s lost work and time, $1860 for time spent by Automattic’s employees, and $22,264 for attorneys’ fees incurred by Automattic.
That decision is almost 10 years old, but it does give an affiliate a reasonable amount to demand in regard to settlement. And depending on the sheer volume and damages caused by the false DMCA takedown notice, it would not be unreasonable to ask for $100 to $500 per false takedown notice in addition to your attorney’s fees.
If you are an affiliate and are inundated with false DMCA notices, you can take a more aggressive approach and resolve the issue and possibly recover damages in a settlement.
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