Copyright Litigation

If someone uses your copyrighted work without permission, they’re breaking the law. 

You can take them to court to stop them and get compensation.

Why Creators Consider Litigation:

• Protection: Defend and safeguard your intellectual property.
• Compensation: Seek payment for any financial harm from the unauthorized use.
• Deterrence: Send a clear message to prevent others from making the same mistake.

You Should Register Your Copyright Before Litigation

• A registered copyright is highly recommended before initiating a lawsuit in U.S. federal courts.
• Due to a recent change in law,  you need a registered copyright to obtain statutory damages. With registration, you can demand pre-set monetary amounts of up to $150,000 per infringement, often surpassing the actual monetary loss.
• Recovery of Legal Fees: Winning a copyright lawsuit could mean the infringer pays for your legal costs.

Steps in the Copyright Litigation Process:

1. Evaluate: Evaluate your claims and evidence. 
2. Start the Lawsuit: Draft and file a complaint detailing the copyright breach.
3. Gather Evidence: Both sides exchange information.
4. Go to Trial: If no settlement is reached, the case is presented in court.
5. Decision: If you prove infringement, the court decides on payment or action to stop the breach.
6. Possible Appeal: The losing party might try to overturn the verdict.

Defenses Against Copyright Infringement:

• Fair Use Defense: The infringer might assert that their use was permissible, such as for educational purposes or as a parody.
• Originality Query: A claim might be made that the protected work isn’t distinct enough to warrant copyright.
• Consent: The infringer could argue the copyright owner allowed them to use the work.

Factors that Influence Chances of Success in Copyright Litigation:

1. Evidence of Infringement: Documented proof like screenshots, sales records, or direct comparisons of the work.
2. Timeliness: How quickly the copyright owner acts after discovering the infringement can impact the case.
3. Economic Impact: Demonstrate how the infringement caused financial harm.