Legal Question in Intellectual Property in California

Someone didn't pay me for hours I worked on a website. He also stole the graphic art and flash files I did and placed it all on his server.

Can I sue both in small claims court for the hourly pay I wasn't payed by the customer and can I sue in civil court for the copyright infringement? Or should these be all one case?


Asked on 3/15/11, 11:24 am

3 Answers from Attorneys

These are two different subject matters. Your compensation is a contract issue that can be dealt with in civil court or small claims. Copyright is an exclusive federal matter that must be dealt with in a federal district court.

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Answered on 3/15/11, 11:57 am

Woops..., wrong button.

That being said, if you go to federal courts, you can join your contract claims since it is against the same defendant. It is allowed by the federal rules.

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Answered on 3/15/11, 12:00 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Were you an employee or an independent contractor? If the former, go to the Labor Commissioner rather than court. You may be entitled to additional damages. If you were an independent contractor, small claims would be suitable for a breach of contract claim if you'd be satisfied with $7,500 or less. If you had posed a valid U.S. Zip code, I could give you a Labor Commission office location near you.

A suit for copyright infringement probably should be tried in the United States District Court, since your best remedies are available under Federal law. You'll need to file an actual copyright before filing suit. State courts might be able to give some kind of an award based on common law principles, but that's playing a weak hand.

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Answered on 3/15/11, 12:05 pm


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