Hi I didnt legally sign any papers or anything to copyright my music name but I have proof and dates on internet sites such as youtube that proves my idea was stolen.

I also have proof that the person who stole my work listened to my work and made it his own would I have a case? Thank You.

Asked on November 30, 2015 under Business Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may have a case: unlike patents, you do not need to file anything to have copyright: the creator of an original creative work, like a song, automatically has copyright. If you can prove that you were the original creator of the song and creates it before the other person, you should be able to establish a case for copyright infringement. However, that does not necessarily mean it would be an economically worthwhile case. If the infringer has not made much or any money on it and you cannot prove that you would have made money on it, you won't be able to get compensation (though you can seek a court order, or injunction, that the infringement stop). The amount of monetary compensation you can get is limited to your provable losses, or his provable profits.

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