When looking for a copyright infringement lawyer, it is essential to find someone who has experience in this specific area of law. Copyright law is unique and particular, and not all attorney experience translates to this kind of case.
Here at Blake and Ayaz, we have over 60 years of combined experience in copyright, trademark, and business law. As a result, we not only know how to fight your copyright infringement case, but we also know how to handle your case as it interacts with other areas of business law. This means that if the scope of the case moves outside of copyright alone, we can still represent you.
With our vast range of expertise and many years of practice, we can represent cases of all sizes and topics. As a result, we are confident in our ability to help you, no matter your case’s specifics.
WHAT IS COPYRIGHT INFRINGEMENT?
When a person copyrights their work, it cannot be duplicated or used without explicit permission or credit given to the original owner. This means that the original owner/maker has sole control over what happens to their work and should receive all credit and profit that comes from the work.
For example, suppose a writer publishes and copyrights a book on North American birds. In that case, others may not use the information professionally or academically without signing an agreement with the author or giving the author credit. This is why source pages and bibliographies are so important.
Suppose someone takes the information and uses it as their own. In that case, they are not only being disingenuous, but they are also robbing the original author or creator of credit and potential profit. This is called copyright infringement, and courts take it extremely seriously. Because of this, the creator can take legal action to ensure that the offender stops and pays reparations for what they have stolen from the creator.
WHY DO I NEED A LAWYER FOR ORANGE COUNTY COPYRIGHT INFRINGEMENT?
Unfortunately, copyright infringement is not always as straightforward as the example and information above. Sometimes, offenders take critical ideas or information from work but try to obscure it so that it will pass as their own. This makes it more difficult to prosecute. In other cases, it is simply difficult to properly build a court case without an attorney present.
Because you have so many legal rights under your copyright and so much to lose, hiring an Orange County copyright infringement lawyer for your case is vital. We can properly build the evidence against the offender and help ensure that you receive proper reparations. However, it is difficult to know what to ask for in a settlement and how to fight your case without legal counsel.
DETERMINING MONETARY DAMAGES IN A COPYRIGHT INFRINGEMENT CASE
Many people are curious about how restitution is calculated for copyright infringement cases. However, it can be challenging to conceptualize this, as offenders often use covert tactics. For example, a copyright infringement offender will likely not try to sell an author’s book under their own name. Instead, they may create merchandise or paraphernalia based on the book’s ideas, characters, and quotes and sell that instead.
To calculate money owed, the court takes three types of damages into account. These are:
- Actual damages
- Statutory damages
Actual damages include any losses that you may have had as the result of the copyright infringement. This includes licensing revenue and any other clear loss that occurred directly from the offender’s actions.
Profits describe the amount of money that the infringer made in the process of their infringement. In other words, the profits they made because they stole and used the original work.
The last category is statutory damages. Actual damages can be challenging to determine, and in many cases, it is difficult to arrive at an appropriate sum. For example, it is hard to know how many art prints you would have sold if someone else hadn’t been selling illegal copies. Statutory damages allow the court to assign a standard sum based on the situation. This allows for restitution regardless of if actual damages are calculable or not.
COPYRIGHT INFRINGEMENT LIMITATIONS
It is important to note that there are limitations to what is considered copyright infringement. Not all use of copyrighted work is damaging, nor is it illegal or enforceable. For example, there are bound to be occasional sentences in books that are identical to one another. This does not mean that copyright infringement has occurred.
There are also situations in which small parts of a work may be used legally. This includes short clips from movies and television programs, small excerpts from books, and other such amounts of information. There are also specific scholarly or educational scenarios in which normal copyright parameters do not apply.
CONTACT ONE OF OUR COPYRIGHT INFRINGEMENT LAWYERS TODAY
In more cases than not, however, copyright infringement can be brought to court. If you believe that someone else has copied your work, you are entitled to fight for compensation. Our attorneys are here to help you protect your work and ensure that the parameters of your copyright are appropriately honored by all. Contact us today.