Discussion:
What is the name of your state? NC
Hello, I'm new here, I have read the copy right laws but still have a few questions and would appreciate some help.
I was recently offered partnership of an online forum like this. Thinking that there might be some money in it in the long run and a little fun along the way I accepted. The owner of the site new little to nothing about web design and coding. I had some previous knowledge in this so I offered my services to help him. I also made a banner for the top of the site.
Only a few weeks into the life of the site I found myself banned from the forums. I politely asked for my banner to be taken down and he refused and was quite rude about it.
My questions are, do I have copyright property of the image I made? How much will it cost me in court fees to pursue this? How much money will I make off of an infringement suit?
Thanks for any and all help, if I left some needed information out, let me know.
-FOX-
Answer:
do I have copyright property of the image I made? Probably.
How much will it cost me in court fees to pursue this? If the other party fights back, probably tens of thousands of dollars, maybe more. Copyright infringement isn't something that gets tried in small claims court -- it's a federal question, so it goes to federal court. Plus, copyright infringement is all balancing tests, so a copyright case usually involves hiring expert witness, etc. It's not a simple deal.
But maybe if you hire a lawyer to write a nasty letter, he'll fold. That shouldn't cost more than a few hundred bucks.
How much money will I make off of an infringement suit? If you registered the copyright with the U.S. copyright office prior to his infringing use, then you could sue for statutory damages which range from $750 to $30,000.
However, if you didn't register the copyright prior to the infringing use, then all you can sue for is "actual damages" -- that is, how much money you have lost because of his illegal use of the picture. That value could very well be zero.
In this case, if you want to pursue it at all, hire a lawyer to write a letter, and hope he gives in. It probably isn't worth pursuing beyond that.