G
Gypsygoddess
Guest
I have a photo that I recently discovered that a well-known company infringed upon and made multiple derivative works from, which they have sold in the states and abroad. Since the photo was the only one of a bunch I posted online three years ago that did not have a copyright registration (of course!), I now have to register it so I can take the company to court.
Question 1: Do I need the actual copyright registration certificate in hand before I take the company to court? I'm torn about whether I should spend $530 for express registration through the Copyright Office, or whether I can state that I've filed an application and am awaiting the certificate.
Question 2: I called the US gov copyright office and found out that I can state whatever date I like as the date of publication, because there are no particular laws regarding Internet publication at the moment. When I fill out my copyright app, would I state the date the photo first was posted online as the date of publication?
Question 3: I know I would not qualify for statuatory damages at this point and could only sue the company for profits, but how much is generally awarded to the copyright holder when an infringer makes a profit? Only a percentage or the whole profit after manufacturing costs?
Question 4: Would I be able to sue for damages arising from lost licensing fees?
Question 5: Since the company also sold the derivative work abroad, what legal rights or profits could I be entitled to from that?
Sorry for all the questions at once, but I'd be very happy to hear whatever information you could offer me.
Many thanks from New York!
Question 1: Do I need the actual copyright registration certificate in hand before I take the company to court? I'm torn about whether I should spend $530 for express registration through the Copyright Office, or whether I can state that I've filed an application and am awaiting the certificate.
Question 2: I called the US gov copyright office and found out that I can state whatever date I like as the date of publication, because there are no particular laws regarding Internet publication at the moment. When I fill out my copyright app, would I state the date the photo first was posted online as the date of publication?
Question 3: I know I would not qualify for statuatory damages at this point and could only sue the company for profits, but how much is generally awarded to the copyright holder when an infringer makes a profit? Only a percentage or the whole profit after manufacturing costs?
Question 4: Would I be able to sue for damages arising from lost licensing fees?
Question 5: Since the company also sold the derivative work abroad, what legal rights or profits could I be entitled to from that?
Sorry for all the questions at once, but I'd be very happy to hear whatever information you could offer me.
Many thanks from New York!