Youngstown, OH asked in Business Formation, Civil Litigation, Copyright and Intellectual Property for Ohio

Q: Do I need to pay to research a copyright where one is claimed but cannot be found in US Copyright Offices online search?

This is regarding a litigation I would like to bring to light in Ohio. Its very specifically plagiarism and the plagiarist has even used my penname. There are many specific parts of this that make it very difficult, one being I was a minor aged 13 when I wrote it and the law says I have no right to own anything. Second, it was physically stolen from my possession at the same time while in Jr high school. Also, requesting her to remove or cease from posting it online has created threats from her and her followers. Also, an image I took of a second poem was also stolen and is being used online. Lastly, the plagiarist has just published a book titled and including the stolen poem(s) and gaining monies as well as followers from social media and internet sites.

1 Lawyer Answer
Carl G Hawkins
Carl G Hawkins

A: It’s technically infringement because copyright protection begins when you put pen to paper. However, you must prove that you created the work in the first place. That might be tough to do in your predicament. Always a good idea to register your works with the copyright office, and always use an experienced IP attorney to do so.

Hope this helps,

Carl G. Hawkins

Jacksonville Legal Team®️

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.