Copyright infringement on the internet is a serious problem. If you think your copyright is being infringed, contact one of our Copyright Infringement Attorneys immediately as there is only a three-year Statute of Limitations to bring a copyright infringement claim. If you don’t protect your copyright against infringement, who will?
Not all use of a copyright constitutes infringement. Courts consider four factors in determining whether using a copyright is Fair Use: (1) Purpose & Character; (2) Nature of the Work; (3) Amount & Substantiality; and (4) Effect. This four-factor Fair Use analysis is determined on a case-by-case basis. No hard and fast rules can be pulled from the case law, but some governing principles can aid in the analysis conducted by your attorney.
The DMCA, very broadly, provides a standard for determining what constitutes copyright infringement and further mandates a system of civil remedies and criminal penalties if a violation has occurred. The DMCA sets forth procedures for Designating a DMCA Agent and Submitting a Takedown Notice when dealing with online copyright infringement. This is an area of copyright law which experienced infringement attorneys know how to navigate.
Section 230 of the Communications Decency Act of 1996 (“CDA”) provides immunity from liability to providers of interactive computer services (i.e. websites) who publish information provided by others, also known as User Generated Content (“UGC”). For instance, websites such as Twitter and Facebook are immune from the UGC posted by their users.
A copyright licensing attorney knows how important it is to draft the license agreement to your advantage. One of the primary values of owning and registering a copyright is that you can transfer some or those rights to third parties in exchange for royalties. Copyright licensing is contractual in nature and can either transfer all of the copyright rights in a work or only some of the rights provided by the Copyright Act. Copyright licenses are common, but often poorly drafted.
Traverse Legal’s Attorneys are globally recognized for their experience and results in the legal areas of: Complex Litigation, Internet, Trademark, Copyright, Patent, Cybersquatting, Defamation, Trade Secret, Non-Compete, and Business Law.