Illustration Copyright Infringement

[markrun26]

What is the name of your state? Florida

I have created a collection of about 100 medical illustrations. I have sold non-exclusive rights licenses to these images for about 2 years now.

Recently, I did an Internet image search on keywords relating to my illustrations and found a number of medium to large physician practices using my images on their commercial web sites.

I operate a small web site, in order to profile my work, that clearly states a copyright notice on every page.

I am in the process of registering for copyright of the images as a collection of my work, which range from 1 month to 3 years old.

What are my options here? I want to be paid for what was used, not just have them removed from these offending sites -- can I recover actual damages for what has been used? How do I avoid the offenders just removing the images and not paying me for what they've stolen? What's my next move?

Thanks in advance!

 

[Veronica01]

If you have registered the copyright of your product within three months before publishing it, you could recover damages, in principle.

It appears from your description that some of your products were published more than three months ago. Now all you can do is to register the copyright, if the others have not registered it in there name, and request from the users to desist from using your product on their websites without your permission. If they ignore your request then you could bring a lawsuit against them.

Chances that you would recover damages for the time prior to the order of the court are slim to none. If they continue to use the product after the order of the court, then you might have a real chance to recover some damages. Check with your attorney about the best route to protect yourself.

If you wish to do all by yourself, consult USC title 17 annotated. Keep in mind that a letter from an attorney to the other users will be received with great consideration, a letter from you may have little influence on them.