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Using artwork without permission

Murrieta, CA |

Hello  my name is Paul Ribera I created a art piece and  Posted it on my myspace page around three years ago I had my small logo/signature on it and wanted to do big Things with it. Years later I am seeing it posted all over the web and  Talked about greatly.  I found that a website,  here http://www.polyvore.com/jesus_beer_pong_last_supper/thing?id=88810950 And through a website called zazzle  I see that they are making allot of money off of something I created. And would like to know how and what I can do to get compensated.

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Filed under: Intellectual property
Attorney answers 3

Posted

Where is the IP attorney you used to assure proper protection of your IP so people don't make money off something you? This is the logical result of not using an attorney. You appear to have a statute of limitations problem. You also can't get statutory damages due to failure to have registered your copyright prior to the start of infringement. So now you are limited to actual damages, which are difficult to prove and generally quite low. Frankly you are likely out of luck now.

I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.

Bruce E. Burdick

Bruce E. Burdick

Posted

This may be worth consulting with an IP attorney, as it may be a CDL would cause the offender to stop, although if a lot of money is involved, that (which I suspect in you case would be mostly a bluff) is not so likely to work.

Posted

Follow Mr. Burdick's advice. He is one of the best intellectual property attorneys in the country. You really need to start using an IP attorney in your area. Use the Avvo Find a Lawyer tool to find one

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

Posted

In this case, you would only be able to be awarded actual damages if you won a lawsuit. You would be best advised to speak to an IP attorney about this issue who can give you a better estimate of the cost-benefit to you. The cost of bringing a lawsuit can add up quickly, is time consuming, and may not be worth it in light of the actual damages. A good lawyer will be honest with you in this regard. If you and your attorney believe the damages are indeed significant, then it may be worth brining a suit if you still can, but definitely do some investigating before jumping into anything. An attorney may advise you on other ways to work with this image such as by sending cease and desist letters to the companies, which may or may not work and you would likely have to prove you were the original author the work, but this could open up the market if you would like to then work with what is left of it. Again, you want to be careful with this.

DISCLAIMER: This answer is provided for general informational purposes only, is not intended as legal advice, and does not create an attorney-client relationship. Do not rely on this information – it is a starting point for your issue and you should contact a licensed attorney in your jurisdiction.

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