How long do I have to sue for royalties for an artistic project?

How do I go about filing charges and taking the other party to court? I have signed contracts and witnesses.

Asked on October 28, 2011 under Business Law, Michigan


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have time but the longer you wait, the less it looks like it is your work. If you are attempting to sue someone for a copyright or trademark infrinment, you need to understand the nuances of copyright law and decide if you have protection under state or federal law. If you have not registered your work, your copyright protection may only be limited to copyright law available in your state. Think about if this was a work for hire or if someone is essentially using your work for profit without your permission. Review your contracts and see what limitatons you have in the contract. Witnesses are useful and you should have signed and notarized affidavits from those witnesses.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.