Asked in Copyright and Intellectual Property for New York

Q: What can I do if I have created a design, uploaded it online and it has been used uncredited, a copyright violation?

If I have uploaded a design on a file-sharing website under a Creative Commons non-commercial license, and somebody uses it uncredited for a commercial purpose. If the site refuses to take it down, what recourse do I have?

1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Intellectual Property Lawyer
  • Licensed in New York

A: If your copyright is unregistered, you can only file a lawsuit where you will have to prove damages such as lost profits. The better move is to register your copyright with the USPTO. Then you will have access to statutory damages (only requiring proof of infringement) of anywhere between 750 and 30k, plus up to 150k in case of willful infringement. Registration also allows you injunctive relief in federal court, and the ability to serve the web platform with a Digital Millennium Copyright Act (DMCA) take down notice. Consider consulting a professional IP attorney about your best strategy.

Tim Akpinar agrees with this answer

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