Q: my writing was acquired under false pretences and is now used for their personal gain. I have since obtained a copyright
I need legal help to explain my options.
A:
If your writing was acquired under false pretenses and is now being used for personal gain by someone else, it's important to understand that you have legal options to address this infringement.
First, if you haven't already, send a formal cease and desist letter to the individual or entity using your work. This letter should clearly state your ownership of the work, the fact that it was obtained deceitfully, and demand that they stop using your copyrighted material immediately.
Since you have obtained a copyright for your work, you are in a strong position to enforce your rights. Copyright law provides several remedies for infringement, including claiming damages for any profits made from your work and possibly statutory damages.
If the cease and desist letter does not resolve the issue, you may need to consider filing a lawsuit. Legal action can compel the infringing party to stop using your work and potentially recover damages for the unauthorized use.
In such situations, it is highly advisable to seek legal counsel. An attorney experienced in copyright law can provide specific guidance tailored to your situation, help you navigate the legal process, and work to protect your rights and interests.
Remember, acting promptly is crucial in such cases to prevent further unauthorized use and to protect your intellectual property.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
