What is the legal process for a non-US citizen protecting their copyright in the US?
May 26, 2011 12:57 PM   Subscribe

What is the legal process for a non-US citizen protecting their copyright in the US?

Say someone from another country makes a film and then it is pirated and sold in the US. How would they go about stopping the sale of the DVDs? Can you file an injunction? Is it expensive? I have noticed that foreign film directors are complaining a lot about piracy and wondered how easy it is to actually do something about it from another country especially if they are a small, independent filmmaker.
posted by jihaan to Law & Government (2 answers total)
 
Best answer: I am an attorney, but I am not your attorney. This is not legal advice. I am assuming you are asking out of curiosity. If this is not a hypothetical situation then you should hire an attorney.

Thanks to the Berne Convention it is highly likely that the film is protected by US copyright. All of the usual avenues for the prevention of copyright infringement are available, including DMCA takedowns, cease & desist letters, federal lawsuits, and customs enforcement.

Is it expensive? It depends on how far they go. DMCA takedowns and cease & desist letters are comparatively cheap. Federal lawsuits are expensive.
posted by jedicus at 1:08 PM on May 26, 2011


Best answer: That kind of commercial copyright infringement is not only a tort, it is also a federal crime. You might be able to get the FBI interested in investigating it.
posted by Chocolate Pickle at 6:05 PM on May 26, 2011


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