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4 votes
Mack has started with his first photographic assignment for a magazine. He has clicked around thirty images and uploaded them on the

magazines website. After three months, he sees two of his images being used on another website. He realizes that he hasn't registered those
two images as per the Copyright law of 1976. What type of damage can Mack recover from the owner of the other website?
A
actual damages
B.
statutory damages
C
actual and statutory damages
no damages
D

User Dovmo
by
3.2k points

2 Answers

6 votes

Answer: Actual damages

User KristofferR
by
3.5k points
2 votes

Answer:

A actual damages

Step-by-step explanation:

Mack has already uploaded the two of these images on the website, and hence he now has the copyright for these two images. He is not hence required to register for copyright anywhere else. Keep in mind, the person who posts first has the copyright. However, you will have to apply for copyright if you are not posting it online. However, Mack has posted online, and hence he can ask for the actual damage from the owner of the other website, who published it later. There is nothing statutory for this, and hence no permitted threshold. Mack can challenge the owner to pay the actual amount. However, he can not ask in separate for permitted or the statutory damages. And hence, the correct answer is A. actual damages.

User Erdos
by
3.2k points