Help Copyright Infringment
by micah · in Artist Corner · 05/31/2011 (1:50 pm) · 5 replies
Hello guys, I have some content I made along time ago and now its being used by another person to promote and market their service for making banners and logo's. Ive never had to deal with a copyright issue before but now I seem to be in the middle of a small one. Ive asked them to remove the image and they reffused. So now Im stuck trying to figure out if I should sue or just let it go. Its not a big deal but its just the princple of the matter someone stealing my art work. Please help if you can thanks.
About the author
#2
05/31/2011 (6:02 pm)
You don't have to officially copyright something, going through the Library of Congress, but you should have at least added a circle c and date to your assets. If it's been out there long enough without you claiming it, it probably won't hold up in court. But as Michael says, consult a lawyer. 
#3
1) Determine if it is financially worth it for you. If they are making lots of money off of it and you can prove that you created it previous to their publishing of the content then you are within your rights.
2) You can actually send a letter to the hosting provider and ISP of the person who is committing the act of infringement and by law they have to remove the content or they are aiding the commission of the crime.
4) Consult a lawyer and they will draft a seize and desist. This can run anywhere from $3,000 to $5,000 and can also require that they respond with their financials (via subpena) for however long they have had the content active or in their possession and using it as their own.
5) Any lawyer will tell you to immediately submit the work to the Copyright office, it takes anywhere from 3 to 6 months for a response but you can rush this for a fee.
6) Depending on if you can prove that you lost finances from them using your product, as well as if they have made money off your product you can get anywhere between $10,000 to $50,000 granted that you can show that they are willfully acting in the crime.
Good luck to you. In most cases it is not worth spending the thousands of dollars in attorneys fees, filing fees,and court fees just to have them ignore your letters, dissolve the company, remove the content, or go bankrupt, just to make a point.
05/31/2011 (9:14 pm)
I have had a similar issue happen to me I have consulted with many lawyers and this is what I have found...1) Determine if it is financially worth it for you. If they are making lots of money off of it and you can prove that you created it previous to their publishing of the content then you are within your rights.
2) You can actually send a letter to the hosting provider and ISP of the person who is committing the act of infringement and by law they have to remove the content or they are aiding the commission of the crime.
4) Consult a lawyer and they will draft a seize and desist. This can run anywhere from $3,000 to $5,000 and can also require that they respond with their financials (via subpena) for however long they have had the content active or in their possession and using it as their own.
5) Any lawyer will tell you to immediately submit the work to the Copyright office, it takes anywhere from 3 to 6 months for a response but you can rush this for a fee.
6) Depending on if you can prove that you lost finances from them using your product, as well as if they have made money off your product you can get anywhere between $10,000 to $50,000 granted that you can show that they are willfully acting in the crime.
Good luck to you. In most cases it is not worth spending the thousands of dollars in attorneys fees, filing fees,and court fees just to have them ignore your letters, dissolve the company, remove the content, or go bankrupt, just to make a point.
#4
Actually, that is false. Regardless of whether or not you spotted it within a certain amount of time doesn't matter. The fact is that someone is breaking the law using your property. There is no time-limit on how long you have to "find out".
In some countries the law is very specific on how you write your copyright on your artwork. (c) 2011 isn't enough. It typically has to say "(c) 2011. Name of Owner. All Rights Reserved." in order for you to retain ALL of your rights to the work.
05/31/2011 (9:18 pm)
Quote:If it's been out there long enough without you claiming it, it probably won't hold up in court.
Actually, that is false. Regardless of whether or not you spotted it within a certain amount of time doesn't matter. The fact is that someone is breaking the law using your property. There is no time-limit on how long you have to "find out".
In some countries the law is very specific on how you write your copyright on your artwork. (c) 2011 isn't enough. It typically has to say "(c) 2011. Name of Owner. All Rights Reserved." in order for you to retain ALL of your rights to the work.
#5
06/01/2011 (10:05 pm)
Well here was the outcome. I contacted the site owner and showed him proff I was the orginal owner. The same day the image was removed and the person who tried to steal the image was warned. Those wondering how you contact a site owner in case this happens to you. Go to who is who .com or a reverse lookup website of your choice. Most are free and just search their URL. In my case it was RC site. Anyway, issues solved thanks for the support and suggestions. 
Employee Michael Perry
ZombieShortbus