Legal Question in Technology Law in Arizona

Re: Internet Photo theft

That would certainly be copyright infringement. Provided you own the copyright, you are entitled to damages and to injunctive relief precluding further copying/dissemination. You will need to register the copyright first, before you sue, if you haven't done so already. If you registered before they copied it, you will be entitled to enhanced damages and attorneys fees. Feel free to contact me to discuss this matter further.

Re: Internet Photo theft

What I would add to Mr. Press's excellent reply is that if you think this issue is resolved or resolvable, then you would likely have them sign a Settlement Agreement and/or Release whereby the terms of payment, rights, etc. are clarified.

Best regards,

Todd D. Epp, Esq.

Re: Internet Photo theft

I would add that the penalty for this sort of willful copyright infringement can be particularly severe (the law says $200 minimum if innocently done and up to $150,000 if willful, as is the case here), so recognize you have a strong hand and do not settle too cheaply. This could get a significant award if you have this registered. I suggest you visit my copyright website http://burdicklawfirm.tripod.com/webcop.htm for basic information. It is my specific area of practice and I have been involved with enforcement against such infringements for a prominent clip art provider and can tell you that you want to apply for a copyright registration immediately ($30 gov't fee using forms available for the Copyright Office)...see my webpage noted above for details...you can prepare the application yourself, but should spend $50-$100 to have a copyright lawyer or copyright paralegal look over the form to be sure you have done it right.

Go get those dirty dogs!