Legal Question in Intellectual Property in Florida
Copyright Infrigement - Baisis for filing damages
We own a stock photography buisness. A internet company in another state, scanned one of our images from a published calendar we did and is using it as a logo on their website to sell product- without our permission or payment. They have ignored our invoices we have sent for payment The image unfortunately is not registered at US Copyright Office but did have the copyright symbol and our names printed on the calendar & on the image that is being used. We contacted an attourney, but because we can not collect statutory damages, his fees were going to be more then the acutal damages we could collect. Can we sue in small claims court? Where do we file that suit? If in the state where he is located, can he change the court date many times knowing we have to fly from a different state to appear? Thank you.
2 Answers from Attorneys
Re: Copyright Infrigement - Baisis for filing damages
As your first attorney probably told you, the problem that you have is that the infringement occurred before your registration of your copyright, which means that you are not entitled to statutory damages or attorneys' fees. The Copyright Act provides that the federal courts have exclusive jurisdiction over copyright infringement claims, which means that you cannot properly bring suit in small claims court.
In order to bring a federal suit, you would first have to register your copyright. You would have the right to actual damages and an injunction against further infringement. Unfortunately, you are correct that the legal fees incident to obtaining this relief would likely dwarf your recovery in damages.
You might consider filing the action yourself ("pro se") in federal court. Most federal district court judges understand the problem described above and make every effort to allow pro se plaintiffs to vindicate their rights in such circumstances. Your real concern is obtaining the injunction, and this is not terribly difficult if the infringement is literal (meaning that the infringer made an exact copy of your work).
Best wishes,
LDWG
Re: Copyright Infrigement - Baisis for filing damages
Copyright Infringement is preempted by Federal law, and must be filed in Federal Court. Your copyright may still be able to be registered prior to filing the Action. Depending upon where the infringer is doing business you may want to contact counsel in that state to represent you in the action.
If you have further questions,
L.Anton
239-334-4121 (Ext. 211)
Related Questions & Answers
-
Trademark and dot.com company I am interested in starting up a DBA- a dot.com... Asked 11/07/02, 10:28 am in United States Florida Intellectual Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
