Can I take someone to Small Claims, as I cannot afford a copyright attorney, whom knocked my copyright product off?

Attorney answers (2)

1. Licensed in CA

   

   Zachary LevinePro

   Glendale Gaming Law Attorney

   Contributor Level 10

   

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   Answered December 14, 2009 16:39. If you're suing for copyright infringement then no, you can't go through small claims court. While I have heard of at least one case where someone successfully secured a judgment for infringement through small claims I'm sure that case has been appealed and overturned by now and if you're trying to save money the last thing you want to get involved in is an appeal. Federal courts have exclusive jurisdiction over copyright claims.
   
   Have you been in contact with the infringing party? Even if you can't pay to take the case to court you may be able to get this person to stop with a simple cease and desist letter drafted by an attorney.
   
   
   The above answer is not "legal advice" as specified under any pertinent rules governing the Professional Responsibilities of Lawyers and should not be relied upon. An attorney-client relationship has not been established by virtue of this correspondence. Legal issues are often complex and involve local laws and facts which may not be effectively communicated without a complete consultation.

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2. 

   Andrew Myers

   North Andover Personal Injury Lawyer

   Contributor Level 20

   Answered December 14, 2009 16:38. No.
   
   Exclusive jurisdiction on copyright matters rests with the federal court, by statute.
   
   This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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