Legal Question in Intellectual Property in California

Hello,

I'm looking to get a case started on the following matter and I would like to know my next steps.

I have a photography business which I opened about a year ago. I took a project for a website to take pictures of all of there website products. He paid the deposit and after several months of work, the customer gave me the final check for the entire project and canceled it in several days. I have also bought some props for the shoot that he promised to pay for but instead he cancelled that check too and took the props. He cancelled the check because he wanted me to do extra work which was not included in the contract and I refused to do it for free. Now, since the payment was canceled and nothing was paid, there is a breach of contract between us. I copyrighted all my photos just in case, he would want to upload them to his website. 7 months later I found a few of my copyrighted photos on his website. What should I do next and is there anyway to start a case about copyright infringement?

Best Regards,

Daniel


Asked on 2/09/11, 5:30 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would sue in small claims over the stop-payment checks. A copyright-infringement lawsuit could be threatened (by letter) to step up the pressure a bit, and you could very well prevail, but a federal court copyright action might not be worth the time and expense.

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Answered on 2/09/11, 6:46 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answer and only add the following. If you properly registered your pictures with the Copyright Office, and you can prove infringement (hopefully you have made a copy of the website with your photos displayed), in addition to damages for copyright infringement you can collect your attorney fees and costs. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 2/10/11, 7:42 am


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