Ivan Hoffman is a very experienced attorney. Below is some advice worth considering.
Denise
Do you own the rights to the cover art because you have acquired the
same from the cover artist via either a work made for hire agreement or an
exclusive transfer of all rights?
Have you registered the copyright in the cover art? Without such
registration, you would have to prove damages which may be hard to do and you
would not be entitled to statutory damages or attorneys fees.
If you received a “cease and desist” letter from the party and not from
an attorney on behalf of the party, would you pay any attention to it?
Don’t take legal advice from non-lawyers.
I do not express or imply any other comments about any other aspect of
the post to which this is a reply or about any other posts in this thread.
This reply and any articles referred to in this reply are not legal
advice and are not intended as legal advice. This reply and any articles
referred to in this reply are intended to provide only general, non-specific
legal information. This reply and any articles referred to in this reply
do not create any attorney client relationship and are not a solicitation.
Ivan Hoffman, B.A., J.D.
Attorney at Law
Lawyering with Integrity. Proudly in my 40th year of practice.
Entertainment Law, Publishing and Writing Law, Copyrights, Trademarks,
Internet Law, Web Design Law, Intellectual Property Law. http://www.ivanhoffman.com
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