Can U.S.A prison inmates, on life sentences sue for copyright infringement?

If an individual has been sentenced to over 120 years in U.S.A prison for child molestation and racketeering, could they still sue for copyright infringement concerning their own writings, recordings etc? - Is this your question? Add additional information
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Answers (4)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Whether a criminal can earn profits on their intellectual property can depend on whether there's an applicable "Son of Sam" law in the state in question. Those laws often authorize the state to seize money earned from such such transactions and use it to compensate the criminal's victims.

There is currently a law in New York that does this, and so far it has survived constitutional challenges to the 1st Amendment rights of the criminal. California had a similar law but it was struck down several years ago.

These kind of laws would be as applicable to proceeds from a copyright infringement suit as they would be to the publishing deals they were originally enacted to cover--- the New York law covers income from any source.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Daniel Nathan Ballard

Daniel Nathan Ballard

Contributor Level 7
Ms. Kosyln is right on the money. Various states have laws that prohibit a person convicted of a crime from earning any money from that person's attempts to commercially gain by writing about the crime or otherwise exploiting his or her notoriety gained because of the crime.

However .... if Person A infringes the copyright in a work created and owned by Inmate A then Inmate A may sue to enforce his or her copyright in the work IF the work has nothing to do with the crime for which Inmate A is incarcerated. Some inmates earn fame (and money) via "prison art" and writing their autobiography.

Note, though, that many inmates have "restitution orders" that require the inmate to financially compensate their victims or a State victim fund -- so if the copyright lawsuit is successful the damages may be seized by the State pursuant to the restitution order.
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Steven L. O'Donnell

Steven L. O'Donnell

Contributor Level 5
I am aware of no law that would block a prisoner from suing for copyright infringement or anything else. As Ms. Koslyn noted, the ability to collect may be hampered by a Son of Sam law.

If the works in question are related to the crimes, there may be a good fair use defense to any infringement lawsuit on the theory the infringement is for news reporting.
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Mario Sergio Golab

Mario Sergio Golab

Contributor Level 5
Absolutely yes.
Whether he gets the money is another story

DISCLAIMER: This answer does not constitute legal advice, and should not be relied on. Each question is fact specific and requires a comprehensive evaluation and consideration of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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