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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 110487
Experience:  Attorney practicing all aspects of copyright/trademark law
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I have a question regarding intellectual property theft. I

Customer Question

I have a question regarding intellectual property theft. I have a sub agreement with a painting contractor who has used my painted creations that were contracted direct from consumer to my company to advertise painting work for their website. I have not copy written any of the photographs of that work however I do have a signed agreement saying that that subcontractor has to return all intellectual property including photos of work. Can I litigate? is it worth litigation? How Much can I sue for? and how do I proceed?
Submitted: 2 months ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they were not registered works, you still have a common law copyright, but the difference between a registered work and a common law copyright is huge. A registered work has a statutory penalty you can sue for up to $150,000 per violation. On a common law copyright infringement, you have to prove the losses you incurred from them violating your copyright and you can only sue for actual damages and a court order to remove the works from their site. So it all depends on the money you lost that you can prove from them violating the copyright as to whether or not it is worth the $5000 or so it would cost to pursue the case and start litigation.

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