How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Richard - Bizlaw Your Own Question

Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8751
Experience:  30 years of corporate, litigation and international law
18695994
Type Your Business Law Question Here...
Richard - Bizlaw is online now
A new question is answered every 9 seconds

Can a copyright which was infringed upon by a defendant be

Resolved Question:

Can a copyright which was infringed upon by a defendant be seized after the defendant wins summary judgement in a case wbere they asked to be paid for legal fees? The copyright was determined not to have losses but could collect losses if determined. The case was loss in part. The corporation was dissolved involuntarily by the Secretary of State so the owners of the copyright are now owned by the owners of the dissolved company. If it bad been determined by the defendants that copyright had not been damaged can they then take it for fees?
Submitted: 11 months ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 11 months ago.

bizlaw :

Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. I am not clear on your post in several respects. You say the defendant was sued for copyright infringement and damages. The defendant won on summary judgment on the basis that there were no damages. However, under the copyright law there are statutory damages which do not require proof of actual damages. WAs the basis of the defendant's victory that the infringement occurred but the owner elected to prove damages rather than statutory damages and could not prove the damages so he lost? Is that what happened? What do you mean by the case was "loss in part"? Are you saying the plaintiff moved for summary judgment and could not prove damages so lost the summary judgment even though the infringement occurred so the case is proceeding to a trial on the damages?

Customer:

In part because the Plaintiffs owned the copyright personally and transfered it to their company. The two plaintiffs were dicharged because the owner was now the company. This was in part. The ownership was passed to their company within two months of discovering the infringement. There was a contract obtained by the owners with stipulations that if there was any outside interference with their existing copyrights then the $ 10MM

Customer:

Was off. Since the deal fell through there was no way to contact the person making the deal and because the copyright was previously missing from the office that statutory danages could not be established.

Customer:

The defendants used it with permission in 1997 but not in 2009. The copyright was created in 1995 as a derivative of an original copyright at the same time. The copyright office mixed up both the transfered image and the original submitted image but said they were not responsible for 10 years ago. So by going by the transfered date. Statutory could not go from 1995 but 2009 which was after publication. Four copyrights exist in the format in various derivatives.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8751
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 11 other Business Law Specialists are ready to help you
Expert:  Richard - Bizlaw replied 11 months ago.
Since I had not given you an answer you should not have rated the answer but I thank you in any event. I would hope that when I finish you will think the service is excellent. Under Section 505 of the Copyright Act the trial judge has the discretion of awarding attorneys fees to the prevailing party. So the court has to power to award the defendant attorneys fees if the case is over and the defendant is the prevailing party.

If I understand you correctly, the copyright office made a mistake in registering the image in question and as a consequence the proper image was not registered until 2009 which was after the date of the infringement. Under these circumstances you might not be entitled to damages. However, if the defendant obtained permission in 1997 to use the image that would indicate that they had actual knowledge that the image was copyrighted. If you were denied recovery based on a technical failure of the Copyright office, given their actual knowledge I would think that you could argue it would be an abuse of discretion of discretion for the trial court to award attorneys fees in this unique circumstance.

If I have misunderstood something about your post let me know so I can clarify any issue that is not answered.
Expert:  Richard - Bizlaw replied 10 months ago.
Hi Pete,


I'm just following up with you to see how everything is going. Did my answer help?


Let me know,if you have any more questions.
Bizlaw

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA