I have copy right proof for an image that I took/own. I recently came across a website that is selling my image without my permission. I'd like to know what is the best method to approach legally for the illegal activity.
You can sue anybody for anything, as long as you have a few hundred dollars to pay the filing fees.
You really should be asking, "Even if I file a lawsuit, do I have a reasonable chance of winning enough to make it worth the time, effort and expense?"
There's no way you're going to win a lawsuit against a "top tier online retailer" without help from an attorney. Use the "Find a Lawyer" tool to find someone in your area who's willing to offer a free or inexpensive consultation to discuss your options.
I agree with Mr. Marshall. You should speak with an attorney about your particular case. For instance, what is the image? How is the retailer selling your image? Are you interested in licensing use of the image to the retailer? What do you want from the retailer?
Andra Marie VaccaroIntellectual Property Law AttorneyLos Angeles, CA ·
As a copyright attorney the first thing that I would urge you to do is to file (or hire an attorney to file) for a copyright registration as in order to bring suit, you have to have at least filed for a registration. The next thing that I would do is call a copyright attorney to evaluate your case, your damages, etc. Many of us offer free consultations so why don't you give one of us a call.
Contact a copyright attorney for a full consultation. I agree with attorney Vaccaro - get your federal copyright registration underway with the Library of Congress, assuming your subject matter is copyright eligible. Copyright registration is really very affordable and paramount for enforcing your rights. Also your scenario may be appropriate for sending out a DMCA take down notice.
There are several things you need to be considering right now. How long has it been since you first "published" your image, i.e., when did you first make it available to someone. If it has been less than 90 days, file your copyright registration TODAY. You will be waiving lots of very, very important rights if you don't.
If it has been more than 90 days, then you just need to get the registration on file as soon as possibly. Then contact a copyright lawyer to discuss your options. Keep in mind that "top tier online retailers" get sued all the time, so give up hope of trying to move forward legally against them without the assistance of an attorney. Unless of course you are a copyright attorney yourself.
As noted, in America anyone can be sued for pretty much any reason. But do you have a winning claims to bring here? It is very unclear.
Is this a copyright matter? Publicity and privacy rights issue? Both?
If you are taking it seriously, I suggest that you consult with a lawyer in private and discuss your objectives and best options in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Lapin, LLC
Will DenhamTrademark Infringement AttorneyHouston, TX ·
Talk with an experienced attorney. You may have several different options, including a cease-and-desist letter and/or a straight copyright infringement action. Best of luck to you.
At the risk of piling on top of all the excellent advice provided by my colleagues, I would add these thoughts. First, is this image something that only you could have taken? In other words was it taken in a public place where someone else could have taken the same photo? Second, was the image publicly available such that the online retailer could have had access to it? You may have already moved beyond these questions and if so just ignore this. One other point is that you should determine what you wish to accomplish. If it is ending the online retailer's use of your photo, a cease and desist letter under the DMCA (Digital Millenium Copyright Act) would be the fastest way to accomplish that. This is a notice that requires the service provider to remove the copyrighted item. Top tier companies nearly always will comply with such a request almost immediately. If what you want is money from them for using your image, that is another issue altogether and would require a demand, which, if refused, would then require a copyright lawsuit.
