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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.

Engaging in a legal battle over copyright infringement is not straightforward. 

If you believe your copyright has been infringed or if you have been sued for copyright infringement, contact us for a case evaluation.

 

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