Copyright Infringement

[JohnNJ]

I see that this site is very strict about photo use. I also see individuals that are very aggressive about protecting their own photos; lots of posts about copyright infringement.

Has anyone here filed suit and won for copyright infringement on a photo used on a website without permission? Were there monetary damages paid or just removal of the photos from the site?

Just curious.
JohnNJ

[fishmommy]

I believe you cannot sue for damages in the US unless the injured party has actually filed the copyright paperwork before the theft.
If you don't have a valid copyright on file with the government, then I think all you can do is get them to stop using the content. I suppose it's concievable that you might be able to go to civil court over it, but it won't actually be a copyright infringement suit without the paperwork.

disclaimer: I am not an expert (I know patents but not so much copyrights)...please do your own research rather than take my word for it

[littleindiangirl]

I believe you cannot sue for damages in the US unless the injured party has actually filed the copyright paperwork before the theft.
If you don't have a valid copyright on file with the government, then I think all you can do is get them to stop using the content.

disclaimer: I am not an expert...please do your own research rather than take my word for it

I'm pretty sure you dont need a copyright on file for photos.

http://www.copyright.gov/help/faq/fa...al.html#mywork

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

[fishmommy]

actually, it says right there in the quote that you can't bring an infringment suit without the registration on file. that was exactly my point.

[littleindiangirl]

actually, it says right there in the quote that you can't bring an infringment suit without the registration on file. that was exactly my point.

Yes, but I didn't want others to think they now have to register a copyright for all of their photos and works, because they are protected the moment they are created.

[fishmommy]

indeed, but the question was about suing, thus my answer. they're protected, but without teeth as it were.

[littleindiangirl]

indeed, but the question was about suing, thus my answer. they're protected, but without teeth as it were.

Oh yes, of course

[fishmommy]

I can't tell if that's sarcasm or not
I'm just trying to be helpful. I'm studying right now for the bar exam so all this stuff is right in my frontal lobe trying to get out.

[littleindiangirl]

I can't tell if that's sarcasm or not

Pure admiration.

[fishmommy]

trouble is, I still don't fully understand what recourse you DO have if you find yourself being ripped off but have not filed paperwork.

If anyone does know the answer I'd love to hear it. I'm sure you can ask them to remove the content, but if they refuse then I'm not sure what the next step is. I think you can actually file copyright paperwork retroactively as much as 5 years after you originally published the content and THEN go after the infringer.... but that may or may not be the only/best option.