Legal Question in Intellectual Property in Washington
Business law - copywrite
I recently saw a set of pole barn plans that I like. They have the copywrite symbol on them from the designer but I have learned that they are not actually registered. Can I redraw those plans and sell them to a client?
1 Answer from Attorneys
Re: Business law - copywrite
Under the 1976 Copyright Act, copyright protection arises automatically -- registration is required to sue for infringement, but the fact that there is a copyright symbol means that the owner intends to protect his work. If you infringe before he registers, than you would be subject to an injunction and a claim for his actual damages (i.e., your profits from the infringement), but he would not be able to recover attorneys' fees nor statutory damages.
Best wishes,
LDWG
Related Questions & Answers
-
Servicemark - Allegation of Use Applic. I have filed an application for a... Asked 11/01/07, 9:55 pm in United States Washington Intellectual Property