Quote:
Originally Posted by dbphotos
If you register within the 90 day limit you can sue for statutory and punitive damages and attorney fees.
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The kicker here is attorney's fees. Copyright (and patent) attorneys are expensive as hell - figure at least $150/hour more on top of the standard $200-$300/hr).
Also, everything must be done in federal court (which is expensive) - if you try to sue in small claims for infringement, the judge will probably boot it out even if the other guy doesn't show.
That said, if the infringement is part of a contract dispute, it probably can get dealt with on the cheap by you in small claims. Of course, you'd need to clearly show that a contract exists.
And getting back to attorney's fees - if you do it pro se (i.e. yourself), you're not entitled to anything, regardless of how much time you spent on it (and not to scare you, but it can take months or years to resolve). So get a lawyer.
It also helps to have a relationship with a lawyer before trouble happens, as most lawyers are hesitant to take on an infringement case involving a single picture from some joe blow off the street.