Copyright Litigation Lawyer NYC - Francelina M. Perdomo Klukosky of Perdomo Law
Copyright Litigation Law Firm, Perdomo Law in Manhattan, New York City, NY
Copyright litigation provides copyright owners with the legal remedy to sue in the United States Federal Courts to enforce their copyrights in the event they are infringed upon.
Copyright infringement falls under two different cases, based on whether you are the copyright owner whose copyrights have been violated, or you are the individual who is being charged with infringing upon someone else's copyrights. Therefore the subject of copyright infringement is described in two parts.
- Part 1 covers the legal options a copyright owner has who believes their copyrights have been infringed upon.
- Part 2 covers how to defend against the accusation of copyright infringement in the event you are an individual who is charged with violating someone else's copyrights.
Ownership and Work for Hire
Watch NYC Copyright Lawyer Francelina M. Perdomo Klukosky talk about Ownership and Work for Hire as it pertains to Copyright Laws.
What is Copyright Litigation?
As an author, whenever you create an original work, by law, it is automatically protected by copyright. A copyright is a type of law that protects intellectual property, such as songs, music, literary works, novels, movies, and other artistic works, provided it is an original work of authorship.
Copyright protection goes into effect the instant an author creates an original work, both published and unpublished, and it is in concrete form that is evident directly via a piece of equipment, such as a machine. However, by registering your original work, it helps create a public rec ord of your intellectual property as well as provides you with a registration certificate that serves as solid proof of your ownership in the court of law.
This way, in the event an individual infringes upon your copyrights, it deems you legally eligible to bring an infringement lawsuit against the violator, in which case you can be rewarded statutory damages, in addition to other damages, for the violation.
- When you register for a copyright with the U.S. Copyright Office, you must complete an application for the copyright registration as well as submit a nonreturnable duplicate copy of each of the original works that you are registering so that it is on file at the U.S. Copyright Office. Once the copyright office receives the necessary documents, as well as the fee for filing, and they are deemed acceptable by the copyright office, it will then issue a registration certificate, which also includes the date that the registration became effective.
- Copyright infringement occurs when an original work that is protected by copyright law is used without the owner's authorization, which infringes upon his or her rights to exclusivity regarding the work, such the right to produce the work again, distribute the work, or make imitative replications of the work.
- A copyright owner who believes his or her work is being illegally used, or infringed upon, by an unauthorized party, has the legal right to pursue legal action in federal court to cease the violation as well as recover monetary compensation for the damages.
Monitor Your Markets and Competitors for Infringing Activity
To help ensure your original work, or works, remain protected, as the copyright owner, you can keep a close watch on your competitors for copyright violations. In the event an infringement occurs, as the owner of the protected work, you then have the right to take legal action against the violator to help ensure the exclusive rights to your work remain yours solely.
Part 1 - Someone is Infringing My Copyright. What Can I Do?
Steps Short of a Lawsuit
If you believe your copyrights have been violated, the first step you can take is to provide the violator with a cease-and-desist letter that details the alleged violations and urge the violator to cease, or stop, the violation or obtain a license for the work or compensate you, as the original owner, royalties for the work.
Since a cease-and-desist letter is a legal document, it helps if an actual attorney draws up the document for you as opposed to doing it yourself as the attorney can help ensure the violator understands the legal ramifications of their behavior as well as take further legal action if necessary in the event the letter is ignored.
Furthermore, an insufficiently drafted cease-and-desist letter can invite a Declaratory Judgment Action, which is a declaration to have your copyright nullified by a court, hence canceling all the rights of the copyright owner. Lastly, a valid cease-and-desist letter can inspire more cooperation from the violator who may otherwise be unwilling to negotiate.
Filing a Lawsuit
If the alleged violator fails to contact you concerning the cease-and-desist letter, then filing a lawsuit may be the only way to cease the violation. Copyright infringement lawsuits must be filed in Federal Court, which means it can require in-depth legal knowledge. However, our experienced legal team is available to assist you through the proceedings and arrive at the best outcome in the quickest and most cost-effective manner possible.
Part 2. I Have Been Accused of Copyright Infringement. What Should I Do?
Did You Receive a Cease-And-Desist Letter?
If you received a cease-and-desist letter from a copyright owner declaring you to cease violating their copyright or acquire a patent or a license, before responding, you should contact an experienced attorney. An experienced attorney can review the document with you. The attorney will then consider all the circumstances involved, including the alleged violation, the details of the license or patent being declared, and the state of your business, and then counsel you regarding your options as well as the most advantageous course of action.
Did You Receive a Notice That You Have Been Sued?
If you have received a complaint, summons, or notice that someone is suing you, it means a copyright infringement lawsuit has been filed against you in Federal Court. You should not ignore this notice, as ignoring a summons and complaint can result in an automatic judgment in favor of the plaintiff, which can make you liable for expensive penalties. Instead, it is recommended that you immediately contact an experienced law firm who can examine your circumstance and then advise you on the best course of action for your specific situation.
One common defense against a copyright infringement lawsuit is that you are not violating the copyright, also known as the non-infringement defense. A non-infringement defense reasons that your activity or product does not fall under the supplied claims of copyright.
Another common defense is the invalidity defense, which reasons that the copyright should never have been permitted in the first place; therefore, it is not credible. Copyrights can be challenged in various ways. Our experienced legal team can help you determine the appropriate challenge for you and then initiate legal proceedings on your behalf with the proper authorities for challenging the copyright.
Existing Business Needs and Litigation Support Package
Established businesses also have legal needs. Success can make a company more vulnerable to competition and litigation. Busy schedules can lead to mistakes. Francelina M. Perdomo Klukosky can look over contracts, goals, and procedures to see the details the people involved in the work may have overlooked. Our firm can assist with:
- Review existing contracts, provide comments, and redraft for improvement
- Provide opinion letters regarding contract enforcement
- Explore out-of-court settlement options for existing disputes
- Create a litigation plan for potential and existing disputes
Do You Have A Case? Contact Copyright Litigation Attorney, Francelina M. Perdomo Klukosky for a Case Assessment
Copyright litigation helps protect your rights as a copyright owner. However, bringing a copyright lawsuit can be complicated and costly. We at Perdomo Law can help you both navigate through the proceedings process as well as provide you with financing options for the best possible outcomes.
Please contact us for a case assessment.
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