Copyright Infringement of Digital Artwork by Music Label

[tsa1969]

What is the name of your state (only U.S. law)? Oregon

I am a digital artist. Recently, I have discovered one of my artwork pieces has been used by a record label as a cover for an album that is still for sale. I have never been contacted by this group and have never licensed the use of this image to anyone. The image has been cropped to remove my original signature and modified with the album title. Due to the copyright infringement in a digital medium, if I send a cease and desist letter they may remove all evidence of their infringement, which, I might add has been ongoing since early 2011. Can I sue for monetary damages, would it even be worth it and what steps should I take to ensure the evidence isn't removed from the web?

I've had to deal with plenty of copyright infractions, but this is the first that has taken it to this level. The album with my artwork is even on iTunes.

Any advice would be appreciated.
Thanks

 

[BigMouthWino]

What is the name of your state (only U.S. law)? Oregon

I am a digital artist. Recently, I have discovered one of my artwork pieces has been used by a record label as a cover for an album that is still for sale. I have never been contacted by this group and have never licensed the use of this image to anyone. The image has been cropped to remove my original signature and modified with the album title. Due to the copyright infringement in a digital medium, if I send a cease and desist letter they may remove all evidence of their infringement, which, I might add has been ongoing since early 2011. Can I sue for monetary damages, would it even be worth it and what steps should I take to ensure the evidence isn't removed from the web?

I've had to deal with plenty of copyright infractions, but this is the first that has taken it to this level. The album with my artwork is even on iTunes.

Any advice would be appreciated.
Thanks

Consult with an attorney that specializes in Intellectual Property cases. Many IP firms will take these cases on contingency if they believe there was an actual infringement and a deep pocketed defendant like Apple to collect damages from. If they don't think you have a case they'll let you know, the consultation(s) will cost you nothing and you'll receive better advice than on an internet forum. Good luck.

 

[quincy]

I agree with BigMouthWino that you will want to have contact with an attorney (preferably IP) in your area, for a review of your artwork and the use being made of it by another.

If you have not already registered your copyrighted work, you will need to do this prior to initiating any infringement action.

Good luck.

 

[tsa1969]

Okay, thank you for the pointers.