After an image has been used without my permission, (the image has not been registered), can I go and register it now, to collect more? Or am I out of luck, because the image has to be registered before..?
Posts: 362 | Location: San Diego | Registered: 30 November 2004
I would contact the person that used your image and let them know they are in a copyright infringement, you own the image, they don't know if it has been registered or not, there using it with out your permission and if they don't pay your going to turn it over to your lawyer then have a lawyer send them a nasty letter. But I don't think you have much of a court case unless it has been registered, again they don't have to know that.....
Posts: 63 | Location: SJC, CA. USA | Registered: 03 November 2002
You have a case whether or not it has been registered. The difference is in what/how much you can collect and, by extension, whether or not an attorney will be interested in pursuing the case any further than writing a compelling letter.
Have an attorney write your first letter--it's much stronger that way.
-Leslie
Posts: 743 | Location: San Diego, CA | Registered: 23 January 2005
Jack, this gets complicated fast. You need to talk to an IP lawyer, like Leslie says.
Incidentally, I often see the claim that you have 90 days from an infringement to register and still be eligible for statutory damages. This is not entirely accurate and should not be relied upon. Again, talk to an attorney licensed in your jurisdiction and familiar with the relevant law.
Incidentally incidentally, depending on the publisher, they may have registered the copyright on the *magazine.* You should probably find out as if the pictures were removed from the magazine it might be advantageous to get them involved as well.
M
Posts: 167 | Location: Chicago, IL | Registered: 24 January 2008
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