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Helge paid for a copy of the book, that much we can agree on. The owner of a registered copyright (Stachiw for example) does not have to prove damages (ie loss of sales). They can instead request statutory damages up to $30k as the court considers just, see USC 17:504(c). If the infringement is willful, see USC 17:504(c)(2), the court can award up to $150k as it deems just. You'll note that the owner can ask for statutory damages at any time before final judgment is rendered and so proving actual damages or harm is not a requirement. This law was created to protect registered copyright holders from exactly the scenario you present below whereby a single unauthorized copy is an infringement, but does not greatly diminish overall sales. Without the statutory damages option, Stachiw (for example) might have to spend thousands of dollars in legal fees to recover the $195 cost of the book sale he lost due to the single unauthorized copy. The problem with your example of sending an advance copy for something already paid for is that it conflicts with USC 17:106 which provides exclusive rights to the copyright owner to reproduce and distribute their works. Since those rights are absolutely and completely vested in the copyright owner, infringement exists if you copy and distribute their work without permission. It doesn't always have to be about money either. Even in cases where no damages can be shown, the copyright owner can file suit under copyright law to enjoin you from any further infringement. Jon On 11/9/2010 9:14 PM, Marc de Piolenc wrote: Jesus, guys - she's already paid for a copy of the book! Look up your US copyright law (which I know rather well, since my business is reprints). To bring suit or to get a criminal complaint entertained, you have to prove harm - in this case loss of sales. If somebody were to send Helge, who has already paid for a copy of the book, a PDF as an advance copy, that does not diminish sales, therefore there is no harm. |