QUESTION

my bands record and picture from the 60s was recorded on a cd in 2002 and i never consented or got paid. can i sue?

Asked on Jan 05th, 2013 on Intellectual Property - New York
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1 ANSWER

If you own the copyright in the record and picture, then you might have a copyright infringement claim. However, there are a number of factors that have to be satisfied before you can enforce your rights. First, the copyright in your works must be registered with the United States Copyright Office. If you have not registered the copyright, you cannot bring a lawsuit in a court of law. You can register the copyright after the infringement started but your rights will be more limited than if you had registered before the infringement started. Second, given that the work appears to have been created in the 1960s, you need to consult someone to determine if your works have gone into the public domain. This is because the copyright laws have changed over the years and if you did not register and then "renew" your registration during certain time periods under the old laws, you may not have any rights under copyright in these works any longer. Third, there is a statute of limitations of 3 years to bring a lawsuit under the Copyright Act, meaning that if the infringement started more than 3 years ago, you may no longer be able to sue. You will need to consult someone about these issues to see if you have a claim.
Answered on Jan 20th, 2013 at 11:51 AM

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