Q: A company has been selling my copyrighted and intellectual property without permission or a license for 10 years help
A verbal agreement took place between the gamelink representative and my company. I believe we have taken advantage of the fact our company closed and has sold our content knowing they were in violation of copyright laws and had no permission to do so.
A: While verbal contracts are enforceable in California, they are difficult to prove unless you have evidence supporting the terms (i..e texts, emails, other writings showing specifically what you are now claiming as damages). With that said, Copyright infringement is presumed if you are the copyright owner and the third party is using your copyrighted material without a license. If you registered the works for copyright with the US Copyright office, you are entitled to statutory damages for the infringement. If not, you would have to prove your damages in a lawsuit. It sounds like you *might* have a case. If you'd like to discuss this further, feel free to email me at: jason@altviewlawgroup.com
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