Legal Question in Intellectual Property in Connecticut

Re: Unauthorized use of a photograph by a magazine

You do have a claim for copyright infringement. However, the issue of compensaton can be a difficult one. It depends on several variables,including what the publication is that used your work. Obviously, you can always ask for more and see what they say.

As a side issue, you should make sure that the work is registered with the Copyright Office. You can obtain forms and information by going to www.loc.gov. You should pay special attention to notices regarding submissions made by regular mail.

Re: Unauthorized use of a photograph by a magazine

As the photographer, you own the underlying copyright in the photograph and all of its associated derivative rights (publishing, etc.)

This is copyright infringement, as the party admitted.(keep a copy of the statement or offer. If the offer was verbal, document it and write a letter declining the offer to settle, and send it registered letter, return receipt as evidence of notice.

You need to consider the following:

1)Inorder to file a legal action here, you need to register the picture using the proper form at the Copyright office ($35 fee) if you have not done so already. This shouod be done and is a prerequisite for bringing a lawsuit.

2) You need to engage an experience IP/copyright attorney who can ascertain the value of the lawsuit. Typically, your actual "loss" would be small, and if you failed to file within the statuory 90 days or so, I believe you do not have access to Statutory damages (these are damages granted for violation without evidence of actual losses, which are hard to prove.)

3) If the statutory damages are not availabel, the value of the lawsuit is simply its nuisance value, of a percentage of what the attorney's fees, costs and time value the would be saved if you avoided the lawsuit.

Good luck.

Re: Unauthorized use of a photograph by a magazine

Only a copyright holder may bring an infringement action. In order to bring such a suit in court, a copyright registration must be filed with the U.S. Copyright Office. If infringement is proven, statutory damages and attorney�s fees may be awarded to the prevailing copyright owner.

In my opinion, in any infringement case, unless infringement was willful and great damage has been caused to the copyright owner, I doubt

any significant amount of damages � including attorney�s fees � will be awarded the prevailing copyright owner. This should be considered by the copyright owner when deciding whether to pursue an action in court: fees & expenses the copyright owner will have to pay to bring a law suit v. the amount of damages that may be awarded if the copyright owner prevails.

If you would like more information regarding these issues, please feel free to contact me at 845-471-8106.