Has anyone dealt with something like this? I'm not sure what my options are.
client reselling my photography. I've been dealing with this for about 11 weeks now and the situation isn't improving.
This involves software/code I developed over the past 8 months. I do not have documentation proving my ownership and timeline.
What are my legal options here? Is it worth pursuing?
Here's my take on the legal issues.
The legal framework here involves both federal and state law. At the federal level, the Lanham Act. Your state may provide additional protections.
Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.
Not a lawyer, but I have direct experience with this.
The trap most people fall into is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.
Fair use is a defense, not a right. The four factors (purpose, nature, amount, market effect) are balanced on a case-by-case basis. Transformative use helps, but it doesn't guarantee fair use.