Kennebunk, ME asked in Intellectual Property and Copyright for Maine

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.

1 Lawyer Answer
James L. Arrasmith
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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.

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