When someone infringes your copyright, you have a limited time to make your claim. This is based on a legal principle called "statute of limitations." Statutes of limitation, in general, are laws that prescribe the time limit to file lawsuits. The deadlines vary by the type of claim and maybe by the state where you live. The purpose of them is to reduce the unfairness of defending actions after a substantial period of time has elapsed. They allow people to go on with their lives, regardless of guilt, after a certain time.

Because copyrights are governed by federal law, there is only one statute of limitations for claims related to them. Copyright infringement claims have a three-year statute of limitations from the "last act" of the infringement. What constitutes the last act can vary. For example, if your image is published in a newspaper without your permission, you have three years from the date that the newspaper was distributed to file your claim in court. But if the infringement is continuing, such as when someone is using your image on the web without your consent, then the time to calculate the statute has not started to run. Instead, it would start when your photo is removed from the website. Determining when a statute has started to run can get a bit tricky. It sometimes starts when you have "constructive" notice of the infringement, even if you don't have actual knowledge of it.

If someone uses your photo without your permission, you may seek legal remedy from that person within three years of the last act of infringement. So don't sit on your claim once you have it. Note, however, to pursue any copyright infringement claims in court, you must first register your copyright with the U.S. Copyright Office.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved

Carolyn Wright

Carolyn Wright is a professional photographer with an active wildlife photography business. Shooting for 25 years, her award-winning images have been used in books and corporate marketing materials. Her wildlife photos will be included in the upcoming book, "Captivating Wildlife - Images from the Top Ten Emerging Wildlife Photographers" by Scott Bourne and David Middleton. She also is working with Scott Bourne on "Wolfscapes," a photo book documenting the beauty and strength of wolves. Carolyn shares her love for photography with her enthusiasm for the law. Trained as a top-flight attorney, Carolyn's legal practice is aimed squarely at the needs for photographers. She understands the special issues that confront both professional and amateur photographers, and she regularly speaks and writes on the subject. Her book, "88 Secrets to the Law for Photographers," also co-written with Scott Bourne, is scheduled for release in fall 2005. On the faculty of Olympic Mountain School of Photography, Carolyn?s passion is enhanced when teaching photography. She enjoys writing and speaking on the subject, as well, and is a regular columnist for PhotoFocus, an online magazine for serious photographers. Carolyn is particularly tuned to the special interests of women in photography. She appreciates women's unique approach to the subject, and adapts her instruction accordingly. Armed with more than 20 years of general business experience and a Masters of Business Administration degree, she understands what is needed to succeed in male-dominated fields. This knowledge, combined with her training and experience as a teacher at all levels from grade school to graduate school, provides the strong foundation she uses to help others with their photography. Carolyn can be contacted at 2107 N. Decatur Rd. #117, Decatur, GA 30033 or by phone at 678.592.8025.