RobertMcEwenEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
RobertMcEwenEsq : I'm sorry to hear about your situation. Registration is retroactive back to the date of publication ONLY for up to 90 days. That means that you cannot sue for infringement and collect damages caused before you registered your copyright UNLESS the registration is within 90 days of the first publication.
RobertMcEwenEsq : You can sue for damages that occur past the date of publication (such as if the website is still active)
RobertMcEwenEsq : But for the publication occurring in the past, I'm afraid you cannot pursue damages, but only injunction.
RobertMcEwenEsq : I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: You can sue for damages that occur past the date of publication (such as if the website is still active)
Customer: You said "you can sue for damages that occur past the date of publication."
RobertMcEwenEsq : That is correct.
RobertMcEwenEsq : You can't sue for damages that occurred before you regsitered.
RobertMcEwenEsq : *registered
RobertMcEwenEsq : But you can sue for damages after registration.
RobertMcEwenEsq : So if there is a continuing infringement or new infringements, you can sue for damages for those.
Customer: Since we registered the artwork April 22 and we have verified the infringing use subsequent to that date are these violators subject to statutory damages and legal fees? I didn't understand your answer.
RobertMcEwenEsq : You mention that it occurred back to 2007. You cannot sue for infringement that occurred before the date of registration. But you can send a cease and desist letter, and sue for continued infringement that occurs AFTER the date of registration.
RobertMcEwenEsq : So, for instance, if they had taken it down before your registration, you would have no recourse.
RobertMcEwenEsq : You could not sue in that instance.
RobertMcEwenEsq : But if it is still active AFTER you register, you can sue.
RobertMcEwenEsq : Again, you should send a cease and desist letter, and if they continue, only sue after that because you can show that they continued to publish after knowledge, etc...
RobertMcEwenEsq : I'm sorry?
RobertMcEwenEsq : Why did you feel this was bad service? Did I not answer your question?
RobertMcEwenEsq : Or was there something that I was unclear about?
RobertMcEwenEsq : Please let me know why you feel that this was bad service... I believe that I answered your question, but if there was something that I was unclear about, please let me know.
RobertMcEwenEsq : Are you there? Please note that I am still here, awaiting your response.
RobertMcEwenEsq : Should I continue to await your response, or may I assist the other customers that are waiting?
Customer: please opt out i need another Expert
RobertMcEwenEsq : I'm sorry that you feel this way and did not give me the chance to explain any misunderstanding that you have regarding this. I will opt out to allow someone else to assist you further.