Legal Question in Intellectual Property in Florida

Re: Photo copyright infringment - use on web sites - multiple jurisdictions poss

You can sue in any jurisdiction where the infringer is located or carries on the infringement. You should consult counsel who can advise you as to which forum is best, considering convenience of the court to you (and the lawyer), speed of the court, the law as construed in the particular circuit, etc.

Re: Photo copyright infringment - use on web sites - multiple jurisdictions poss

I would also add that unless (or until) you have your works registered, you can't sue the infringer. Registration (or at least application for registration in some jurisdictions) is a prerequisite to filing suit.

Best regards,

Todd D. Epp

Re: Photo copyright infringment - use on web sites - multiple jurisdictions poss

I would further add that where you sue depends on what you seek in the suit. If you want the infringer to pay you damages, you sue where the infringer is located. If you want the website changed, you can sue either where the infringer is or where the website is hosted. If the infringer has assets in the jurisdiction where you live and does business in your jurisdiction you may want to sue in your jurisdiction. Keep in mind Mr. Epp's comment that application for registration is a prerequisite to suit, since most jurisdictions can not hear the case if you have no registration or application for registration. If by "legally copyrighted" you mean registered as a copyright with the US Copyright Office, then you should consult with a copyright lawyer to determine how strong your case is and how much you might hope to recover.

If you need a referral to a copyright lawyer in the chosen jurisdiction, tell me the jurisdictions involved and I will be happy to refer you.

Re: Photo copyright infringment - use on web sites - multiple jurisdictions poss

I would recommend suing in federal court in your own state. Cheaper for you, and worst case it gets transferred to a different federal court. As stated in other replies, federal copyright registration is a jurisdictional prerequisite. I can recommend FL counsel if you need a referral.

Best wishes,

LDWG