Infringers need to understand a few things but first they need to accept something. They need to accept they have infringed. Once that step is complete the rest if pretty easy. The check to see if you infringed is really easy. Did you use something or post something that is not yours. If the answer is yes, then you infringed. Even if it is only one item. So now you know that the only thing left to do is to finalize a settlement. If there are DMCA issues those are another issue on top of the infringement.
A large Fortune 500 company infringed my photo on June 3 this year. I sent notices and some are approaching 30 days. I sent another dmca notice this morning. I found a new email that was not a company dmca takedown site. I sent the email at 9:57 am and received a reply at 10:02 AM from the Sr Director of Intellitual Property for that corporation. It seems that the off site email is more effective than some company sites. I also received a phone call from him. We had a pleasant chat. I informed him about some things he was unaware of concerning the site and on how to do a quick check. He is considering no longer having the blog. That is their choice. That means the termination of at least the blog writer. Again that is their choice. They apologized several times and want to make things right. They are going to remove the photo or close the blog by the end of business tomorrow.
This is an example of how difficult it can be to get to the right people but once you get to the people who actually know something about this type of situation it is handled very quickly. They know how it will end.
This is how a company should act and shows how serious they take it. It also shows how they do not want to get involved in a lawsuit as they know they will pay. That should make a point to others. If large corporate make very quick settlements what do they know that the private and small company infringers do not. A lot, a registered image is not an item that they wish to get into suit over.They realized they made a mistake, they realized they had not responded well and they stood up and said so. This probably stopped them from heading into court for a major lawsuit. All that is left is to finish up a settlement and they have already agreed to do that. A smart company and a good one. Everyone and every company makes mistakes, the good ones recognize them, admit them and then fix them. Saying we are sorry works wonders and helps put the event into a calm settlement mode versus a fight in a courtroom that the copyright holder wins over 97 percent of the time.
That is two very large corporations who acted very quickly when the “registered” copyright and willful infringement terms come out. This is Senior Management getting involved so be ready for them and they make quick decisions. Most people and corporations have no desire to infringe. Tonight the service provider for the blog of the F500 company shut the pages down. If you tried to access the pages it was on you would get dreaded 404 message. Page not found. These billion dollar companies do not mess around as they know the price of doing so. Hopefully this will help some others understand the seriousness of infringing. They can believe the junk about it on the net but the reality is, it will cost you money. Those large companies do not pay out money and shut down web pages doing ads for them all in one day for the heck of it.
Disclaimer: I am not an attorney. These are my personal opinions and general knowledge only. These are not legal advice and should not be used as such.