The fact is, the law allows it, whether or not it can successfully be concluded is a different matter. It makes sense that if no provable economic loss occurred, the lawyer would find it almost impossible to win, and therefore not take your case.
Originally Posted by jnanian
Also, if it was for a client or employer, you can't claim copyright unless agreed in advance, in writing. Metadata, printing, display, or publication can be used to provide proof of your copyrights, but can also be used against you.
Ansel Adams successfully defended his copyright of Moonrise against the US government, who claimed it as a work for hire.
There are literally millions of mitigating factors!