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Ask Alex Reese Your Own Question
Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3441
Experience:  Experienced in intellectual property law
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My name is ***** ***** and am researching copyright. Someone

Customer Question

Customer: Hello my name is ***** ***** and am researching copyright. Someone has plagiarized my company's educational materials. I am in the process of registering with copyright.gov and am trying to find out if i could sue for damages even though our materials are not registered yet.
JA: Thanks. Can you give me any more details about your issue?
Customer: our company holds educational exam prep classes. one of our previous students or someone else has created an e-book with all of our materials. it was being sold on a website that is down for further notice. I was able to download it from amazon kindle for double the money. i need to identify the person and hop fully get some restitution.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Intellectual Property Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

hello. you could prepare a case against them and "might" be able to file a lawsuit while your copyright application is pending but the law is not clear on whether a pending application is enough for filing a copyright application. The standard rule is that there must be a registered copyright when filing a copyright lawsuit, but some courts/states allow for a copyright lawsuit to be filed based on a pending copyright application. So your attorney can take a look at that issue before filing a lawsuit. You should consult with a copyright litigation attorney and see where you stand and perhaps begin preparing the case or send out a cease and desist letter etc

.

Expert:  Alex Reese replied 1 year ago.

let me know if you need clarification.

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