Bringing a Copyright Lawsuit

I have a "how to" book that I wrote back in 03 and had it copyrighted. I sell it on my website. I just found out that a "big company" is using it and the pictures as their manual they supply with certain parts. Every copy I sell plainly says that it is copyrighted. I sell them as a cd rom pdf. I have taken every measure to make sure its not reproduced with out my permission. What do I need to do to make sure I am compensated to the fullest extent? And do I have a case?

anyone care to comment?

Did you register your copyright?

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Quoting aaron

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Did you register your copyright?

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yes.Back in 03.Would a how to book be considered as 'teaching" under fair use?

I guess I would want more information about the company and its use, but my impression from your early comments was that the use is substantial and that they're using your work in a commercial product.

Based on my assumptions, I would personally start with a "cease and desist" letter, describing the improper use, and then invite them to contact you in regard to compensation over the past use and to license your work (if you wish to permit that) for future use. Be sure to mention the copyright registration, as that significantly improves your position if you have to litigate.

I was thinking they have put my future book sales at serious risk. Possibly shutting me down. They put the book in paper form. It can now be easily scanned and passed around freely on the internet. It aslo seems they are using it to further their best intrest and to make it look as though they came up with the information . I spent countless hours and late nights working on this project and book . I put my personal life on the back burner to write and to add a little income to the household (Luckily I have an understanding wife) to have it taken from me by someone. I see that this is no different then grand theft . I think they should pay greatly due to the fact that they knew it was copyrighted yet they did it anyway thinking that no one would catch it, say anything or better yet think I was lying about the copyright. Its a shame a company has to resort to stealing a working mans property . I dont understand why they didin't contact me. Yes I do , Because I would have said no. How hard can I come down on this company? is there a limit to monatary damages?

By the way... They had to take a great deal of time to bypass the no copy or no print lock on the cd.

Your choices are to try to negotiate with them, or to get a lawyer and sue. You can try to sue them yourself, without a lawyer, but I wouldn't recommend it.

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Quoting aaron

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Your choices are to try to negotiate with them, or to get a lawyer and sue. You can try to sue them yourself, without a lawyer, but I wouldn't recommend it.

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I talked to a lawers office today who deals with copyright law . He is supposed to call me. Is there a maximum on the monatary amount?

On what monetary amount? What a lawyer can charge you? There are limits on contingent fees, but for other fee arrangements (perhaps with a nominal restraint that they must be "reasonable") the sky's the limit.

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Quoting Mr. Knowitall

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On what monetary amount? What a lawyer can charge you? There are limits on contingent fees, but for other fee arrangements (perhaps with a nominal restraint that they must be "reasonable") the sky's the limit.

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From what I had read, 150k was the max . but all equipment used to manufacture the material can be confiscated(computers) .That if it were used for commercial gain or financial gain it would be a criminal offense.