Copyright, Name and Image Infringement:
To promote creativity and protect ownership rights, federal law guards copyrights in music, film, artwork, literature, etc… The owner of a copyright has the exclusive rights to reproduce the work, to prepare derivative works, to distribute the work, to perform the work publicly, to display the work publicly and to broadcast the work. The copyright owner also has the exclusive right to authorize others to do the same. All such authorizations must be in writing to be valid and, in many situations, all contributors to the work must agree to authorize use of the work. Without the owner’s authorization, any of these uses by another person or business constitutes a copyright violation. The victim may elect to seek the greater of actual damages or statutory damages, along with attorney’s fees and costs of litigation.
Also, many states recognize lawsuits claiming infringement of a person’s name, image or likeness for commercial purposes. In other words, your rights have been violated if your name, likeness or image is used to sell a product or service without your authorization. The product may be another artist’s recordings. There is greater variance in the law of name, image and likeness infringement between states because state law applies, rather than more uniform federal law used in copyright litigation. Disgorgement of profits may be available based on the applicable state law.
If you believe you have been the victim of copyright, name or image infringement, please call Mark Potashnick at (314) 997-9150 for a free initial consultation