Have you or a loved one had an original artistic creation ripped off by someone else? While exhibiting work on the internet is a great tool for promotion and sharing, it can prevent difficulties ensuring that the artist receives the payment that they deserve. If this has happened to you or your loved one – you may be able to receive at least compensation for your damages and attorney’s fees.
In order to bring about a lawsuit for copyright infringement, it is necessary to have registered the copyright in the artistic creation. The copyright does not need to be registered prior to the infringement – but there are benefits to registration.
The first is being able to bring about copyright litigation. Registration is required by the Copyright Act. Without registration, artists must rely on state law claims like invasion of privacy, confidentiality, emotional distress, harassment, and stalking. This decision whether to include a copyright claim or rely solely on state law — is a tactical decision you and Harrison Legal Group can make.
Second, a speedy registration of copyright may give the artist more leverage against infringement – including enabling the copyright owner to collect enhanced damages, including statutory damages ranging from $750 to $150,000, for each work that is infringed, in addition to attorneys’ fees.
The copyright forms are fairly straightforward, and can be completed without a lawyer. Harrison Legal Group offers educational seminars and speaking engagements regarding filling out forms as teaching a person to fish is more effective over their artistic career than charging them for a fish and discouraging this important part of the creation process.