New York City Copyright Infringement Attorney
Copyright is a type of intellectual property that protects original works of authorship that are fixed in a tangible form. A copyright owner has the exclusive right of reproduction, adaptation, publication, performance, and display of the original works, as well as the right to authorize third parties to exercise these rights.
It is important to understand the options for next steps upon either receipt a copyright infringement cease and desist letter or getting served with notice of a copyright infringement lawsuit. Getting served with notice of a copyright infringement lawsuit generally requires quick action. Engaging a copyright litigation attorney at the outset has the potential to make a difference in your case.
What is Copyright Infringement?
How Can You Protect Your Copyrighted Material?
Copyright protection exists automatically from the moment an original work is created. Registration is not required, however, there are several benefits to obtaining copyright registration. Some of these benefits are identified below:
- The right to file a lawsuit in federal court for copyright infringement.
- A presumption of validity in copyright litigation if the work is registered within 5 years of publication.
- Eligibility to seek an award of statutory damages in court. This can be especially helpful where actual damages are difficult to calculate.
- It puts others on notice of your rights.
Not all works are eligible for copyright protection. These include:
- Certain logos, business names, or brand names
- Processes, designs, or systems
- Works in the public domain (e.g., text of federal legislation, or federal or state court decisions); and
- Ideas and concepts (for example, a business idea or concept)
Establishing a Copyright Infringement Claim
A plaintiff alleging copyright infringement in a civil lawsuit must establish that:
- The plaintiff is the owner of a valid copyright; and
- There was actionable copying by the defendant of constituent elements of the work that are original.
Not all copying is legally actionable as copyright infringement. To establish actionable copying a plaintiff must prove that (i) the defendant factually copied the protected material, and (ii) that there is a “substantial similarity” between the two works.
Understanding the Copyright Act
The> U.S. Copyright Act codified in title 17 of the United States Code, forms the basis of copyright law in the United States. The first version of the Act was enacted in 1790. Since that time, there have been a number of revisions.
Of particular note are the 1998 additions of the Sonny Bono Copyright Term Extension Act extending the duration of copyright for most types of protected works from 50 to 70 years after an author’s death, and the the Digital Millennium Copyright Act (DMCA) addressing digital copyright issues.
Defenses to Consider in Copyright Infringement Cases
One of the primary considerations upon receipt of a copyright infringement notice (or copyright cease and desist letter) is what defenses you may have against the claim. A few examples of copyright infringement defenses are:
- Fair use
- Independent creation of the work (not copying)
- Statute of limitations (the owner must file a suit within 3 years of knowing/should have known of infringement)
Remedies for Copyright Infringement Claims
A copyright owner is entitled to recover either their actual damages, including any profits the infringer made, or statutory damages. Statutory damages range from $750 to $30,000 per infringement, unless the copyright owner can show that infringement was committed willfully, in which case, the copyright owner can be awarded up to $150,000 per work.
In certain circumstances, a copyright owner may also be awarded their reasonable attorneys’ fees if they prevail in litigation.
An injunction against an infringer may also be available. An injunction may be issued by the court ordering the infringer to cease certain activities.
Why Work with a Copyright Infringement Attorney
Contact a Copyright Infringement Attorney with Grant Attorneys at Law PLLC
Intellectual property litigation can be complex and challenging, requiring specialized knowledge and experience in both intellectual property law and federal and state rules.
Working with an experienced team of attorneys who can guide you through the process and advocate for your rights during an Intellectual property litigation matter is the first step toward success.
Book a meeting with one of our copyright litigation attorneys to discuss your infringement matter.
