Legal Question in Intellectual Property in Kentucky

If a created image has NOT been registered with the Copyright Office of the Library of Congress, and the copyright holder can not be found to get permission. What is most likely to happen if I used that image as a book cover and the copyright holder stepped forward in a legal issue later on? Can they do anything? I've contacted almost every site the image appears on and they all say they got it from somewhere else.


Asked on 3/14/11, 1:45 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. At some point, probably after your book is published, the oopyright holder will surface and sue for copyright infringement. Besides substantial statutory damages (the law provides a range from $200 to $150,000 for each work infringed, plus attorneys fees - which can be even an even greater amount) other legal theories could be asserted that you owe 100% of your book royalties to them. The copyright owner can also seek an injunction (that you'd also have to pay for) to stop any further use of the image on your book. Why don't you come up with your own original image for the book cover? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/14/11, 4:08 pm


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