Copyright Litigation Attorney Serving Photographers

"Fighting Against Infringement and Theft"

MALAKAUSKAS LAW, APC

Blog About The Attorney
What Is The Most Important Thing You Can Do As A Photographer? How Do You Stop Someone From Using Your Photograph? What Are Damages For Copyright Cases? How Long Do You Have To Sue For Copyright Infringement? What Is The Difference Between The Digital Millennium Copyright Act And The Copyright Act Of 1976?

HOW CAN A PHOTOGRAPHER STOP SOMEONE FROM USING THEIR WORK?

When we think about lawsuits, we often think about money. However, to many photographers simply being awarded money after someone has stolen their artistic work seems unsatisfying. Most photographers want to stop the person who stole their work from ever using their work again. Fortunately, the law can help you.

The Copyright Act of 1976 basically gives you three remedies to stop someone from using your work. The remedies are: 1) injunction; 2) impoundment; and 3) destruction.

INJUNCTION

In Copyright cases, injunction (or injunctive relief as it is often called in court) is governed by 17 U.S.C. §502(a) which states that a Court may “…grant temporary or permanent injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright.”

In practice this means the Court will order the defendant to stop using the photograph now and in the future.

This order can apply to the defendant’s whole work or a part of the work depending on the extent of the infringement.

stop sign

IMPOUNDMENT

Impoundment is governed by 17 U.S.C. §503(a)(1) which states the Court “…may order the impounding…of all copies…[that violate a copyright]…[and the] articles by means of which such copies...may be reproduced..." The impoundment may be “at any time while an action under [the Copyright Act] is pending...”

This means that the Copyright Act of 1976 allows for you to seize all infringing copies, as well as the tools used to make those copies.

DESTRUCTION

Destruction is governed by 17 U.S.C. §503(b) which states that a Court “…may order the destruction…of all copies…or other articles by means of which such copies…may be reproduced.” However, the destruction is usually only “part of a final judgment or decree.”

This means that the Copyright Act of 1976 allows for you to destroy all infringing copies, as well as the tools used to make such copies. However, before the Court will destroy anything on your behalf, you must usually litigate the case until the end or judgment.

Still, for someone who has had their work stolen, this will be a satisfying end of a lawsuit.

WANT TO STOP SOMEONE FROM USING YOUR WORK? CALL NOW TO STOP THEM.

Feeling overwhelmed? Not yet ready to call? The links below will help answer some of your questions. Feel free to gain more information and feel more comfortable.

CLICK BELOW FOR ANSWERS TO COMMON QUESTIONS:

The links below provide detailed information to commonly asked questions. Click below:

You are already reading this as you desire information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.

(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.