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This case illustrates some of the problems that arise when someone steals your work. Assuming that Adam can prove copyright infringement (looks like a pretty safe assumption based on the shots but impossible to know for sure with limited info), what can Adam do? 1/ https://twitter.com/moby_dickhead/status/1356347686497218561
Well, he can sue the filmmakers. Under the Copyright Act, he would be entitled to his actual damages and any profits made by the infringers. With regard to profits, there probably aren't any since this is a short film and hasn't made any money 2/
For Adam's lost profits, he would be entitled the money that he would have received had the filmmakers come to him and licensed the rights to adapt his comic. But how much would that have been? Probably not a great deal. 3/
Alternatively, Adam can ask for statutory damages if he registered the comic with the Copyright Office before the infringement. The Copyright Act provides for statutory damages of up to $30,000 (and up to $150,000 if done "willfully'). 4/
Assuming that Adam can prove "willfulness" does that mean that Adam automatically gets $150k? Not at all, $150k is merely the maximum a jury could award him. They could also award him as little as $750. It's totally up to the jury. 5/
What is a jury going to award Adam for the use of his comic in a short film that didn't make any money. Hard to say, but it's unlikely to be anything close to $150k. Also, even if he did get a big award, are these filmmakers in a position to pay it? Seems doubtful. 6/
This is one of the reasons that Congress passed the CASE act which will open up a Small Claims Court for copyright infringement claims later this year where Adam could sue for up to $30,000. 7/
In conclusion, no matter how good a copyright infringement case is on the facts, you still must consider a) the potential damage award and b) the ability to collect from any defendants. 8/
Also, Adam could get an injunction from the court to stop distribution of the film but that's not something most Plaintiffs will sue over if there aren't also significant damages End/
