I am speaking with someone about copyright infringement, I think they copied me and I confronted them about it, so they sent me an email that claims to be from a lawyer saying that I have to take the matter to court within 14 days or the matter will be closed and I can't do anything about it ever again. That doesn't seem right, how long do I actually have? They are in the UK. Thank You.
No, the letter from an attorney doesn't sound right but neither does your accusation of infringement. What work are you talking about? Have you registered your work for copyright? What makes you think you cam enforce your assumed right against someone in the UK?
Too many pieces missing from this puzzle. Consult a local copyright attorney to determine what rights, if any, you have, and what you might do about them.
Someone cannot unilaterally tell you that you have a limited time to sue them. This is governed by the statute of limitations or by a term in a contract. Here, the statute of limitations under US law for copyright infringement is 3 years from the date of the infringement. If it is a continuing infringement, then you will have three years from any time the person was infringing. However, whether US law will apply is a question. And I don't know what the statute of limitations is in the UK. I am certain that it is not two weeks, however. You should consult with a copyright attorney one on one to work out how to proceed.
Andra Marie VaccaroIntellectual Property Law AttorneyLos Angeles, CA ·
If you have registered (or applied for registration of) your copyright (which is required in the U.S.) and the U.K entity is selling the infringing materials in the U.S., then you have 3 years from the date you have discovered the infringement. If the infringing items are not being sold in the U.S., then the law of the UK will govern such that the statute of limitations and procedures in the UK for copyright infringement will govern.
Without first speaking with an attorney you accused someone in England of infringing your U.S. copyright? Simply because you "think" they "copied" something you created? That's irresponsible -- indeed, reckless. You need to speak with your own Washington-licensed intellectual property attorney before you discuss this matter any further.
This is precisely why you cannot handle a copyright infringement situation on your own without a lawyer. There is no procedure pursuant to which you waive your rights if you dont go to court within 14 days. However sent the e-mail is not a lawyer and you have been scammed by them.
You received some good answers here. There is not much to add other than that you really need to get some clarity in the substantive facts here. But to your primary concern, no, such an email telling you that you have a limited window in which to take action is just silly and not a real "thing."
I suggest that you consult with a lawyer in private and discuss your objectives 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
First, you have plenty of time (3 years) to pursue infringement, depending on the statute of limitations in Washington, so ignore their threat. However, more importantly you need experienced Copyright/IP counsel to evaluate your rights in your work and determine if there is, indeed, infringement. Then your Copyright attorney can advise you of your options and potential costs in pursuing a remedy.
I suggest that you contact an experienced Copyright litigation attorney/IP attorney who can advise you in confidence. Many Copyright/IP firms offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Copyright/IP attorney who can assist you.
