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?


Asked on 1/14/08, 2:28 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

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

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Answered on 1/14/08, 9:31 am


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