Legal Question in Intellectual Property in New York

Intellectual Property vs Copyright

I have just found out that someone has used my work on the web when all they bought were first edition print rights. What are my rights as an author of an original work? Could he argue fair use if he were an educator posting something on a public site? Why or why not? What kind of precedent can you give me to pursue this copyright validator? How should I proceed in pursuing lost royalties. How would this situation differ if it were a work for hire that I did for him? What would be some of the conditions the contract could have been under?


Asked on 8/15/01, 4:51 pm

1 Answer from Attorneys
Todd Epp Abourezk & Epp Law Offices

Re: Intellectual Property vs Copyright

Thank you for your posting and sorry to hear about your difficulties.

First, in my opinion, before you can even threaten legal action in a cease and desist and demand letter, you need to have a copyright registration of your work in place. Otherwise, the infringer and their attorney will not take your threat of litigation seriously. Also, in most jurisdictions, you need the copyright registration in place before you can sue the infringer in federal court.

Without seeing your material or the infringing site, it is difficult to say if a fair use has been made. However, educational use does not give the infringer carte blanche if they have appropriated the entire work.

I would need to see the agreement you signed before hazarding a guess as to its provisions and enforcement.

If the material was a work made for hire and the proper agreement was signed, then the work would belong to the person or entity who hired you.

Please feel free to contact me if you have further questions. I am licensed in Kansas and South Dakota.

Best regards,

Todd D. Epp, Esq.

(w) 800-289-5999

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Answered on 8/16/01, 1:52 pm


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