Legal Question in Intellectual Property in California

Re: Theft of Intellectual Property?

If you want the benefits of the act, you will have to file for copyright protection under the act.

Re: Theft of Intellectual Property?

While I am not a criminal attorney, there are a number of civil claims that you may have, based on the limited facts that you have provided here. The person selling your book may be on the hook for not only copyright infringment, but federal and state trademark infringement and trademark dilution claims as well. Assuming you're in California, this conduct may also be considered unfair competition pursuant to Bus. & Prof. Code Section 17200. Indeed, depending on all of the facts, a claim for federal unfair competition pursuant to Section 43a of the Lanham Act may lie as well. Given that the individual is selling xerox copies to people that could potentially be your customers, common law claims for intentional and negligent interference with prospective economic advantage could be viable as well.

Our firm has significant experience in the areas of intellectual property and commercial litigation. Please feel free to call me if you'd like to set up a consultation.

Re: Theft of Intellectual Property?

I think the infringer may have a defense to civil suits brought under state law because the essence of your case against him is copyright infringement, whether styled as interference with prospective economic advantage, unfair competition or whatever.

I believe the subject-matter area (copyright) is pre-empted by federal law. Any civil suit should be brought in federal court and any criminal charges should be brought by a federal prosecutor.

Yes, violation of copyright law can be criminal. See the Copyright Act, 17 USC 506. In order for criminal penalties in addition to civil damages to apply, the violation must be willful and for private financial gain. This seems to be the case.

Unfortunately for you, the Copyright Act does not allow you to pursue a civil claim in court unless you have copyrighted the material by making the required filing. See 17 USC 411. However, if the infringement took place less than 90 days ago, you may still be able to register, then sue. If this might be the case, register your works immediately.

The Copyright Act is available on-line from several Web sites including www4.law/cornell.edu/uscode/17.