Legal Question in Intellectual Property in North Carolina

copywright

I recently did a photoshoot at a family owned daycare. I left the proofs for the parents to look at and during the time the daycare owner had the proofs she went and had them copied. What I have been told that she had packages printed for her customers and sold the pictures to them. The owner will not let me come in when the parents arrive to pick up their children. what do I need to prove this and what if anything can I do?


Asked on 2/10/09, 10:41 pm

1 Answer from Attorneys

Justin Lampel Lampel & Associates, P.C.

Re: copyright

You can send a demand letter to the daycare owner demanding compensation. If the daycare owner refuses to pay (which will likely be the case) you are going to need some evidence...such as statements from parents who unknowingly purchased unauthorized copies, an acknowledgement from someone working at the reproducing center (such as Kinkos) or the like. If no settlement can be reached you would need to file an action for copyright infringement to obtain damages. If you are serious about moving forward with this you should file an application for copyright registration with the US Copyright Office now (filing for copyright registration is mandatory if a lawsuit is filed)...you can have your copyright application expedited, although this costs a good deal more. Filing a copyright application is fairly easy and not that expensive (under $50 if not expedited) and many people file without an attorney. After filing you may consider contacting a copyright attorney to file an action. Good luck, Justin

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Answered on 2/10/09, 11:08 pm


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