Legal Question in Intellectual Property in New York

Re: What damages are there in copyright infringement?

Generally, in order to collect "statutory damages," for which you do not have to prove actual damages, you must obtain copyright registration for your works in question. Otherwise, actual damages can be difficult to prove, especially for works without established commercial value. Consult a copyright litigation attorney to get proper advice on your options but be prepared for sizable legal fees and litigation costs if you become a plaintiff in a copyright infringement case. The settlement option is usually the most desirable one given the economics of smaller cases.

Re: What damages are there in copyright infringement?

There are two different measures of damages used in evaluating cases like yours - actual damages, which pretty much are what they sound like, and statutory damages, a minimum amount defined in law for each violation of your copyrights.

If the magazine that published your pictures is at all reputable, resolving your case should not be terribly difficult. Please feel free to contact me to explore the possibilities.

Re: What damages are there in copyright infringement?

You're not clear about the subject of the pictures. If they include your image you would also have an action under the NY Civil Rights law. As to copyright law, having been advised that consent was required from you before use, there may be punitive damages to which you may be entitled. You should consult an attorney (any of us who have replied or any other attorney experienced in intellectual property). As a colleague has suggested a settlement would be sensible.

Re: What damages are there in copyright infringement?

A case for copyright infringement imposes a burdens on claimants. A valid claim of infringement requires proof of ownership and copying and that the alleged copying exceeds the scope of permissible fair-use limits as well or falls outside as the terms of any licenses or consents (implied or explicit) that may be in force. Further, copyright registration, while not a requirement for ownership is a prerequisite to such an enforcement effort and unless the copyright in the subject Image was registered prior to this alleged infringement, you are limited to actual damages, which can be difficult to prove. Even if timely registration means a possibility of statutory damages and attorney fees, the total of such awards almost never exceeds comparable actual damages. I would say that is why all previous answers have suggested a settlement offer rather than filing a law suit.You should consult an attorney (any of us who have replied or any other attorney experienced in intellectual property).