When Brian Hill, a 20-year-old blogger from North Carolina, posted on his Web site last December a photograph of an airport security officer conducting a pat-down, a legal battle was the last thing he imagined.
A month later, Mr. Hill received an e-mail from a reporter for The Las Vegas Sun who was looking into a Nevada company that files copyright lawsuits for newspapers. The e-mail informed Mr. Hill that he was one of those that the company, Righthaven, was suing. Though the airport photo had gone viral before Mr. Hill plucked it off the Web, it belonged to The Denver Post, where it first appeared on Nov. 18.
Mr. Hill took down the photo. He was too late. A summons was delivered to his house. The lawsuit sought statutory damages. It did not name a figure, but accused Mr. Hill of “willful” infringement, and under federal copyright law up to $150,000 can be awarded in such cases.
“I was shocked,” Mr. Hill said. “I thought maybe it was a joke or something to scare me. I didn’t know the picture was copyrighted.”
Over the last year, as newspapers continue to grapple with how to protect their online content, Righthaven has filed more than 200 similar federal lawsuits in Colorado and Nevada over material posted without permission from The Denver Post or The Las Vegas Review-Journal.
The company has business relationships with both newspapers. Like much of the industry, the papers see the appropriation of their work without permission as akin to theft and harmful to their business, and are frustrated by unsuccessful efforts to stem the common practice, whether it’s by a one-man operation like Mr. Hill’s, or an established one like Matt Drudge’s.
Read more:
