Legal Question in Intellectual Property in Maryland

copyright infringement

I self-published an small ashcan comic book and

distributed copies at a Small Press Expo in Bethesda,

Md in 1995. The book bore a copyright symbol, but I

never actually registered it. I'm still working to revise

and update the idea, but now I find another company

has a book with the same title and a story so similar it's

uncanny, and Columbia pictures has put the concept

into development for a motion picture. This company

has not released a book or anything yet, but I imagine

they have registered the name. I'm certain I can prove I

had the idea first, but what are my rights to a claim at

this point if they've registered a copyright and I haven't?


Asked on 7/29/04, 9:10 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: copyright infringement

With a copyright not registered before or promptly after publication, and an infringement before you register it, you still own the copyright, but are only entitled to actual damages, not statutory damages, and no attorney's fees. Note also that you cannot claim copyright protection in a title.

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Answered on 7/29/04, 9:43 am


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