Graphics Reference
In-Depth Information
the first instance of the violated work. Do the same for theirs. With luck, the archive
has the page or pages in its database that will allow you to prove that your work
existed first, and that theirs is the copy.
Assuming your documentation is in hand, and the infringer is not responding,
you can up the ante by contacting their Internet service provider. They may find it
in their best interests to exert pressure on the violator by shutting down their site.
Under certain circumstances, Google may come down on your side by removing access
to their site from their search engines—tantamount to taking down their site, since,
without search access, in practical terms they will no longer exist.
If you've decided that legal action is your only option, search for a lawyer
who knows intellectual property issues. If your infringer stonewalls, or you receive a
corporate “up yours” letter—and if you've decided that the $1,000 or more cost is
worthwhile—your lawyer will file a cease and desist order against them. Make sure
your lawyer makes every effort to settle the case out of court. Even if you get less
money than you think you deserve, anyone who has ever spent time in the court sys-
tem will tell you that the wheels of justice turn slowly, when they turn at all.
You may decide that you can't afford to go to court. If the infringer is a pro-
fessional, and they have chosen to stonewall rather than apologize or negotiate, call
in your social and professional networks. Speak to relevant guilds and associations.
Some of them have funds set aside for copyright actions. If the work has been
used to create a commercial product, contact the client directly. Send a cover letter
with a clipping of your stolen artwork. Ask them to compare it to the non-original
art and judge for themselves. Sometimes public shame will do what good conscience
will not.
