Legal Question in Intellectual Property in Georgia

Re: Copyright

You seem to have a straight forward case of infringement, but you must register the copyright in order to bring suit for infringement in Federal Court. And you may not file an infringement claim in state court, only federal court.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Re: Copyright

To the extent that there has been literal (i.e., verbatim) copying of elements that can be protected under copyright law, chances are likely that there is copyright infringement. See 17 USC 106(1). Fair use, which would excuse the infringement, appears to be unlikely.

One key question, though, is whether you have a copyright registration for your website. A copyright registration is a prerequisite to enforce your copyright. You cannot sue in federal court without it.