How does the lawsuit process work for violations of copyrighted computer art?
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How does the lawsuit process work for violations of copyrighted computer art?
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If someone uses my copyrighted computer art without permission, I know they are in violation of copyright law and that I have the legal right to pursue a lawsuit, but I have questions about how the process works. Specifically:
1. It's my understanding that to get financial compensation from the lawsuit, you must prove damages. Is that true and, if so, how do you prove that quantifiably? It seems to me that you would have to reasonably justify the lawsuit amount somehow instead of just pulling a number out of the air (e.g., $1 MILLION)
2. How do you pursue a lawsuit if the person/company is in another town? State? Country? For example, if I am in the U.S. but the violator is in Outer Mongolia, how could I hold that person/company legally accountable?
3. How much does a piece of art have to be modified before it's considered to be a new piece of art that can be copyrighted separately?
4. Finally, I see a lot of people using the Creative Commons License on their artwork, but does this have any legally enforceable basis behind it? In other words, does a court of law recognize and enforce a Creative Commons License the same way as a Copyright?
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WRG
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1. During discovery your legal team will value what they have gained by using the art.
2. State or town is easy you would file in federal court anyway. As far as international violations go it depends on the treaties we have with the country in question.
3. There is no set amount it is one of the things decided in court.
4. Creative Commons is a agreement like any other. The court will support it if everything was handled properly. |
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