The court disagreed and teed up Morel’s arguments for a successful countersuit, ruling in his favor in late-November when it decided that the agencies had willfully violated Morel’s copyrights and the Digital Millennium Copyright Act and awarding the maximum possible damages.
In its new motion, Getty and AFP argue that their conduct was “careless” but not willfully malicious, thus shielding them from the maximum penalty. They argue the most Morel is entitled to is a single DMCA penalty of $2,500 and actual damages of $200,000 — legal fees in the case are estimated to have reached northwards of $8 million.
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