Legal Question in Intellectual Property in California

If I posted a "free" photo on my website in 2006 and it gets copyrighted in 2007 can I be sued for statutory damages?


Asked on 8/22/12, 8:21 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

If you mean the photo was in the public domain in 2006, it can not be copyrighted later. Once something is in the public domain, it stays there.

If you mean you weren't charged for the image, that doesn't affect the copyright. Copyright applies as soon as a work is created, whether it is registered or not.

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Answered on 8/27/12, 11:39 am


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