QUESTION
Can I bring a claim against a website for making my digital artwork available for free?
Asked on Oct 03rd, 2011 on Intellectual Property - Maryland
More details to this question:
I have developed a theme (graphical user interface) for the iPhone that changes the look of your device. I uploaded this theme to a website that will host it online and allow me to make it available for purchase. However, my theme has now appeared on another website for free. I did not authorize this website to make my theme available for free. After looking at the download stats on this website, I learned that it has been downloaded a total of 500 times. The selling price for my theme is $1.50. At this rate I''ve lost approximately $750 in download revenue. Do I have a valid claim? Should I peruse legal action against them? What kind? Class action?
1 ANSWER
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1 Award
Unlawful copying of works of authorship is covered by the laws of copyright. You must comply with certain conditions in order to sue for copyright infringement, including registration of your copyright. It sounds as if your damages are quite small and possibly too small to sue for.
Answered on Oct 03rd, 2011 at 6:13 PM