• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Copyright Infringement Action/Litigation Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ManyQuestions77

Junior Member
What is the name of your state? California

I would like to know what is the procedure to start an action against someone that has infringed on my work. Is a lawyer neccessary to do this? What is the appropriate paperwork needed to do this? Where can I find the paperwork to fill out? I am poor artist that owns a registered copyright, but in order to continue to have my work not infringed on on a particular site, they require that I order an action against the infringer before the site will honor my registered copyright and stop the infringer from continuing to sell copies of my work at that site. I don't have money, only a registered copyright. I would like to know if there is anything I can do myself, or will I have to use all the money I have to enforce a registered copyright. The venue has only given me 2 weeks to come up with an action against the infringer or they will continue to let the infringer sell at their site. Please help. :(What is the name of your state?
 


divgradcurl

Senior Member
What is the name of your state? California

I would like to know what is the procedure to start an action against someone that has infringed on my workFirst thing you need to do, if you haven't already, is register your copyright(s) with the U.S. Copyright office. You need to do that before you can bring a lawsuit. Is a lawyer neccessary to do this? What is the appropriate paperwork needed to do this? Where can I find the paperwork to fill out? I am poor artist that owns a registered copyright, but in order to continue to have my work not infringed on on a particular site, they require that I order an action against the infringer before the site will honor my registered copyright and stop the infringer from continuing to sell copies of my work at that site. I don't have money, only a registered copyright. I would like to know if there is anything I can do myself, or will I have to use all the money I have to enforce a registered copyright. The venue has only given me 2 weeks to come up with an action against the infringer or they will continue to let the infringer sell at their site. Please help. :(What is the name of your state?
I take it you have already sent the venue a takedown notice under 17 U.S.C. 512(c) (a "DMCA" notice)? If not, that's the first thing you should do. But given what you have written, it appears that you have already done this.

As far as filing a lawsuit, you can do this yourself, but it's not a trivial matter. You will need to draft a complaint, and file it with the appropriate federal court, and then serve the complaint on the defendant(s). If you are planning to do this yourself, you really need to get down to a law library and begin educating yourself on the process. Try and find a book, Nolo Press is usually a good source, that walks you through all of the steps of filing your own lawsuit.

Since you have a registered copyright, it MAY be possible to interest an attorney who would work on contingency. You might want to call around to see if you can find a lawyer who would work on a contingent-fee (or partial contingent-fee) basis.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top