Legal Question in Intellectual Property in California

Someone posted part of my movie online what can I do?

My former friend posted part of my student film on youtube without my knowledge or consent. He put his production company as the director and gives no credit to me whatsoever even though he knows I wrote, directed and produce that piece. Is this in violation of copyright laws? Do I have any legal ground to ask him to remove this and or to sue him for posting it?

Asked on 10/15/07, 10:31 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
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Re: Someone posted part of my movie online what can I do?

Yes, you need to sue the B. You need to register the work with the Copyright Office if you have not done so before now. You can hire an attorney to write a takedown letter to YouTube for not that much money.

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10/15/07, 10:39 pm
Timothy J. Walton Internet Attorney
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Re: Someone posted part of my movie online what can I do?

Before you can sue, you *must* file for registration of the copyright. You do not technically need to file before sending a cease and desist letter, but it would certainly be better if you did.

There are procedures under the DMCA for seeking that YouTube remove the movie, but it is not automatic and your letter should be written carefully to assure success. This should not be too expensive, but you are more likely to achieve your goals if you hire an attorney.

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10/25/07, 12:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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Re: Someone posted part of my movie online what can I do?

It certainly appears to be a violation, or "infringement" as they call it in intellectual property law, but your right to sue under stronger federal law depends upon registration of your copyright, which you can still do until someone else does. Unless and until registration, you would have much more limited rights under state law.

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10/16/07, 11:23 am
Johm Smith tom's
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Re: Someone posted part of my movie online what can I do?

I can get this off of YouTube for you and you can sue for copyright infringement from what you post here. Our CA firm can assist you.

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10/16/07, 2:14 pm

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