Legal Question in Intellectual Property in Florida

Re: Copyright Infrigement - Baisis for filing damages

As your first attorney probably told you, the problem that you have is that the infringement occurred before your registration of your copyright, which means that you are not entitled to statutory damages or attorneys' fees. The Copyright Act provides that the federal courts have exclusive jurisdiction over copyright infringement claims, which means that you cannot properly bring suit in small claims court.

In order to bring a federal suit, you would first have to register your copyright. You would have the right to actual damages and an injunction against further infringement. Unfortunately, you are correct that the legal fees incident to obtaining this relief would likely dwarf your recovery in damages.

You might consider filing the action yourself ("pro se") in federal court. Most federal district court judges understand the problem described above and make every effort to allow pro se plaintiffs to vindicate their rights in such circumstances. Your real concern is obtaining the injunction, and this is not terribly difficult if the infringement is literal (meaning that the infringer made an exact copy of your work).

Best wishes,

LDWG

Re: Copyright Infrigement - Baisis for filing damages

Copyright Infringement is preempted by Federal law, and must be filed in Federal Court. Your copyright may still be able to be registered prior to filing the Action. Depending upon where the infringer is doing business you may want to contact counsel in that state to represent you in the action.

If you have further questions,

L.Anton

239-334-4121 (Ext. 211)