Our team of experienced copyright infringement lawyers have the knowledge and years of experience necessary to assist you in correctly registering your copyright and battling any infringement of that copyright by unauthorized parties. We can also assist you with licensing your intellectual property to others and review contracts to license IPs from others. Whether it’s a traditional copyright violation or a digital issue, our team is here to help you protect your intellectual property.
What does a copyright lawyer do? A copyright attorney does handle federal copyright infringement cases, but most of their work is done outside the courtroom. These experts draft and review contracts, research potential violations, and send the appropriate paperwork to enforce their clients’ intellectual property. If you are in need of a copyright defense lawyer to pursue an infringement case or need legal advice to defend yourself from a copyright claim, let our team put their experience to work for you. We have handled a number of large copyright cases, both to enforce claims and to protect those who have been accused of infringement.
The Digital Millennium Copyright Act (DMCA) is one of the most controversial copyright laws. This act governs online content and protects your intellectual property from being copied and posted online without your approval, as well as protects service providers who post user-generated content. Under this Act, a DMCA lawyer is authorized to send takedown notices to websites and other online providers that notifies them of unauthorized works and directs them to remove those works. Platforms who host third-party content are protected from copyright lawsuits as long as they register their Copyright Agent with the Copyright OFfice and follow the DMCA take-down procedures.
A DMCA violation should include the name of the copyright holder, the work found on the website that violates that holder’s copyright, the URL where the work was found, and the contact information of the DMCA lawyer submitting the request. We will ensure that any takedown notice sent on behalf of our clients fully complies with the DMCA rules, and we will carefully review any takedown notice our clients receive to determine that claim’s validity.
A DMCA take-down notice is the official notice to the internet service provider (i.e. Google, Facebook, Instagram, Twitter, WordPress, etc) that you are demanding removal of the copyright protected work.
Your company will be protected from copyright litigation as long as you follow the law and procedures under the Digital Millennium Copyright Act.
Even with the DMCA, copyright infringement is still rampant on the internet. The fact that it’s fairly easy to copy text, photos, and even videos and repost them elsewhere often makes stealing intellectual property very tempting. Don’t assume your content is safe just because it’s not what you would classify as art. Your marketing materials, sales copy, and calls to action can easily be stolen and repurposed by your competitors if they believe you have an edge over them. If you don’t protect your intellectual property from online copyright infringement, you may lose business, plus you may even lose the copyright to your work.
This is why you need to work with an experienced copyright infringement defense attorney. If you hire infringement lawyers who do not know how the internet, websites, domain name system, and software works, then they will struggle to enforce your rights. We take copyright seriously, and we will assist you in protecting what is legally yours regardless of the type of content.
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.