QUESTION

What is the statute of limitations on suing someone for plagurizing? They put some of my material in thief book.

Asked on Oct 12th, 2014 on Intellectual Property - Hawaii
More details to this question:
The book was written in 2008, could I still file a lawsuit if I wanted to?
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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Plagurizing is not a crime, so there is no statute of limitations. If you wanted to go after them for fraud or misappropriation, the statute of limitations is different in every state, so you'd need to determine in which state(s) you could bring an action and review the statute of limitations on these torts in those states. If you wanted to go after them for copyright infringement, you could go after them for any activity that took place within 3 years of bringing suit (which would include sales over the past 3 years). The statute of limitations clock normally begins when you knew or should have known of the activity giving rise to your complaint. If they wrote the book in 2008, but did not publish until 2013, such that you could only have known about the activity for the past year, writing the book in 2008 does not save them. If you think you have a case, you should find a local lawyer who will meet with you for 15-20 minutes to help determine if you have a case based on the specific facts and whether the amount you could collect makes moving forward with a complaint worthwhile. Good luck, Todd
Answered on Oct 16th, 2014 at 6:05 AM

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