Legal Question in Intellectual Property in New York

Copyright Law

I went to a football game back in September down in Florida with a friend of mine. At the Florida Gators football game I took pictures. When I came home I posted my pictures on Webshots. My photos were downloaded 7 times by unknown person(s). Recently while searching on eBay I found that four of the photos I took at that game were stolen and are being sold for money. Would I have a case against the seller? I am in NY. The game was in FL. The seller lives in GA.


Asked on 12/09/07, 1:45 pm

2 Answers from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: Copyright Law

You very well might have a cause of action against the seller for copyright infringement (which is a federal matter).

IF you jumped through certain statutorily required hoops, you may be able to collect statutory damages, court costs and your reasonable attorneys' fees. If you didn't jump through those hoops, you may still potentially get your actual damages and infringer's disgorged profits. In either case, you may be entitled to an injunction preventing the infringer from selling your photos for profit.

You can contact my office to discuss your next steps.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 12/09/07, 2:09 pm
Kristen Browde Browde Law, P.C.

Re: Copyright Law

You would indeed have a cause of action, and, assuming you can prove what you've outlined, you'd win.

If you'd like to discuss the matter further, and discuss what's necessary to initiate the case, please feel free to get in touch.

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Answered on 12/09/07, 6:05 pm


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