Legal Question in Intellectual Property in Pennsylvania

Here is my scenerio:

About a year ago i sold new reproduction car parts on Ebay. I had quite an extensive collection of photos that i took of the products i sold. Another member started using my own photos for his listings..I did report it to Ebay and he was forced to remove them on his listings. So there is a record with Ebay that he was notified to cease and desist the use of MY photos.since that time i have stopped selling my items on Ebay.

I was informed recently by a customer of mine that when i stopped my Ebay sales, he started using my photos again (he altered them slightly, but they are definitely MY photos!!). It is about 32 to 40 photos.

I have all the original digital photos, the camera they were taken with and proof that he is using them (captured screen shots).....The items in question have different swirl patterns in them, so no 2 are ever the same.

I do plan on copyrighting the photos with the proper office at the Library of Congress as a collection, since they are all the same type of products.

What should my course of action (if any) be in the proper order?. I believe i should get them copyrighted before i have a lawyer contact him about a suit. He resides in Ohio. Is my thinking correct? and am I forgetting something?. Any advice is greatly appreciated.


Asked on 2/15/12, 3:31 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

1. Register your photographs INDIVIDUALLY � $35/photo � with the US Copyright Office. Do that sooner rather than later. You need to register each photo individually to maximize your recovery should your infringer continue his activities.

2. Send eBay notice under the Digital Millennium Copyright Act that this user's photographs are infringing your copyrighted work and demand that the photos be taken down.

3. Contact an intellectual property attorney to discuss further options. You're welcome to call my office to set up a phone consultation: 518-371-4599.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

Read more
Answered on 2/15/12, 11:00 pm


Related Questions & Answers

More Intellectual Property questions and answers in Pennsylvania