Legal Question in Entertainment Law in Kentucky
non-copyrighted artwork used without permission
Over 5 years ago, I submitted a painting for the cover of a friends' band's album cover. It was never used and never returned. Recently, I was searching the internet, and found my artwork used on the bands newly released material. I was not asked permission, not paid, and my artwork has not been returned. I did not mail it back to myself, as so I've heard that this would entitle me to a copyright. Do I have any rights here?
1 Answer from Attorneys
Re: non-copyrighted artwork used without permission
Yes you have rights and the band is apparently infringing them, probably deliberatey. You should see a copyright lawyer like me who can see that you get what you deserve for your painting.
Mailing a copyrighted item to yourself is ineffective. The proper way is to mail it to the Copyright Office with $30 and a copyright application that you could probably do yourself and get a copyright registration. In fact, that is a prerequisite to a copyright infringement suit so you should do that immediately. Go to www.copyright.gov and you can find instructions, or go to a copyright lawyer who can do it for you for about $150-300.
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