QUESTION
Can the employees of a storage center go to prison for duplicating my work without my consent?
Asked on Apr 17th, 2013 on Entertainment Law - Nebraska
More details to this question:
I had a couple dozen pages of lyrics that I solely wrote plus stories and other writings, poetry/commercials/comic script. I was working on advertisements and much more. Someone got hold of my storage and took my stuff. They said the storage center had it on auction, but I was never informed of the truth. I previously spoke with them and they made a payment 1 week before they sold my stuff. I had verbal communication with them and I was coming back for it. I want to take my stuff back since they have duplicated it without my permission. I was never given credit for anything. Can they be sent to prison?
2 ANSWERS
If you failed to completely pay your outstanding storage unit debt by the time of the sale, the business owner had the right to sell the contents of the unit. Assuming your work met the criteria for copyright protection, they were protected from the moment you placed them on a permanent medium. The sale of the original work does not necessarily include the copy right license so you may be able to sue for the unauthorized use of your material. However, only the federal government can bring charges that would result in prison time.
Answered on Apr 19th, 2013 at 3:21 PM
2 Awards
First of all, nobody can be sent to prison as a result of a civil lawsuit. If somebody broke into your storage unit and stole your property, you should call the police and tell them who you suspect. Only they can refer the matter for criminal prosecution. Secondly, if your storage center put your items up for auction when you were current in your payments to them and without giving you any notice required by state law, you have a civil cause of action against them for conversion and should consult an attorney to protect your rights,. Finally, the US Copyright law is very powerful. You have a copyright in all original works, such as your poetry,m stories, lyrics and comics. You should consult an attorney for a possible copyright violation claim. There are powerful remedies, including damages.
Answered on Apr 19th, 2013 at 3:21 PM
Responses are for general informational purposes only and do not constitute legal advice or create an attorney-client relationship.