More details to this question:
I designed and tattooed a backpiece on a man, and his wife has taken my design concept and put it on a tshirt which she is selling for her fundraiser.
1 ANSWER
Not sure what you questions is. Yes she is infringing your copyright, but if you did not register the image within 90 days of first publication (in this case the first time someone left your shop with the image), you cannot get statutory damages or attorney's fees so the best you could do is get an injunction and monetary damages to the extent that such have resulted. She probably thinks that it is a "fair use" because it is for a fundraiser (presumably for a charity), but the monetary purpose should defeat such a defense. If you haven't already, you should contact her/the charity and advise them of your rights and demand that they discontinue sales. Alternatively, you could require them to apply a copyright notice with your name as part of the notice and take a tax deduction for the value of a reasonable royalty that you have donated to the charity.
Answered on Feb 15th, 2013 at 3:43 PM