Photo Attorney

Oct 20, 2006

What To Do When Minors Infringe . . .

Some of the most technically-astute people these days are the young. They can disable the best-known protection and then copy your photos off of the web. They are wizards at using photo editing programs to make impressive derivative works or up-rezzed prints. But can you sue minors for those infringements? It depends.

As noted in my previous blog, minors don't have the capacity to contract. But you may be able to sue them. While copyright infringement cases are filed in federal court, federal courts will look to the state law where the minors live to determine whether you can hold them responsible for their infringing activities. The courts usually will appoint guardians to represent the minors.

While you may not want to prosecute little Susie for using your photo of a koala bear as her screen saver, you may get a little peeved when you find little Johnny selling t-shirts with a silk-screened copy of your grizzly bear photo.

Take my advice; get professional help.

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