Copyright Litigation
Original creative works can be valuable business assets. When a photograph, design, written work, video, musical work, software program, or other protected work is used without authorization, copyright litigation may provide a way to stop the use and pursue compensation. Copyright disputes can also arise when a business is accused of using material that belongs to someone else.
What rights does copyright protect?
The Copyright Act gives a copyright owner certain exclusive rights, subject to statutory limitations and exceptions. Depending on the type of work, those rights include the right to:
- Reproduce the work, such as by making physical or digital copies;
- Prepare derivative works based on the original work;
- Distribute copies or phonorecords to the public by sale, transfer, rental, lease, or lending;
- Publicly perform certain works, including literary, musical, dramatic, choreographic, and audiovisual works;
- Publicly display certain works, including photographs, artwork, written works, and individual images from audiovisual works; and
- Publicly perform a sound recording through a digital audio transmission.
An unauthorized use that violates one of these rights may constitute copyright infringement. The rights that apply, and the scope of any infringement claim, depend on the work and how it was used.
Common copyright disputes
Copyright claims may involve unauthorized copying or use of photographs, website content, marketing materials, artwork, videos, music, software, or other original expression. Disputes may also concern who owns a work, whether a license permitted the challenged use, whether a work was created within an employment or contractor relationship, or whether the allegedly copied material is protected by copyright.
Copyright litigation is fact specific. An infringement claim requires careful review of the work, the claimed ownership rights, the accused use, and any agreement or other authorization governing that use.
Defending against an infringement claim
An allegation of copying does not automatically establish liability. Depending on the facts, a defense may involve ownership, the scope of copyright protection, independent creation, permission or licensing, or a statutory exception. Fair use permits certain unlicensed uses after consideration of factors that include the purpose of the use, the nature of the work, the amount used, and the effect on the market for the original work. Fair use is evaluated case by case.
Federal litigation and the registration requirement
Copyright protection generally begins when an original work is fixed in a tangible medium; registration is not what creates the copyright. For a U.S. work, however, the Copyright Office generally must register the work before an owner can file a federal infringement action, subject to limited statutory exceptions. Registration timing can also affect whether statutory damages and attorney’s fees are available. Thus, it is recommended to apply and secure a copyright registration for your works as early as possible, specifically for published works within 3 months of publication.
Potential remedies
Depending on the facts and the applicable law, a copyright owner may seek an injunction to stop infringement, actual damages and any additional profits attributable to the infringement, or statutory damages when available. A court may also order the disposition of infringing copies and, in appropriate cases, award costs and attorney’s fees. The available remedies depend in part on when the work was registered and when the infringement began.
Torani Law P.C. represents clients in copyright disputes involving the protection, enforcement, and defense of creative works. We evaluate ownership, registration, licensing, the accused use, potential defenses, and available remedies to develop a litigation strategy suited to the client’s objectives.