What is Copyright Infringement?
When you create an original work, you expect to receive the proper recognition for your work. However, in our current society, moral vices exist that make others take advantage and use your work for their gain. It’s unfortunate, especially when the original work is replicated so much that the original version is not accorded the credit it’s due.
Fortunately, registration is voluntary, and copyright exists from the moment you create the work. However, if you have strong reasons to believe that someone has used your copyrighted work without your permission, it’s advisable to seek legal help from an SF copyright attorney.
What is Copyright Infringement?
Copyright is a legal right issued to the owner of original content that gives them exclusive rights to copy, sell, and distribute their work within a certain period. On the other hand, copyright infringement is the production or use of a material that has been registered for copyright without the copyright holder’s knowledge.
By producing or using material that’s been copyrighted, the third party has breached the contract, leading to serious legal issues. Unfortunately, movies and music are the most common forms of creative works that suffer copyright infringement.
Registration is not mandatory, but filing for copyright presents various advantages, including:
- Protecting the value of your work
- Giving you the right to sue in case of unlawful use
- It allows you to treat your work as intellectual property.
- It’s considered legal proof of ownership
- Allows you the ability to modify or update your work
Copyright Infringement Penalties
Copyright infringement is more common than we know, but it’s not an exculpatory circumstance. The first copyright law in the US dates to May 31, 1790, and it has continued to change to suit the author’s needs.
Copyright infringement is a civil matter, meaning you need to pursue the case in federal court. In this case, get yourself a San Francisco business attorney to give you the best representation. There are certain circumstances where your infringement case may be treated as a criminal misdemeanor or felony.
The penalties for copyright infringement are steep. First, the infringer is responsible for paying the actual number of damages and profits obtained, depending on whether it was intentional or willful. In addition, they are responsible for paying for all court costs and attorney fees.
For unintentional copyright infringement, the infringer is fined between $750 to $30,000 per infringed work, while the willful infringer can receive a penalty up to $150,000. Criminal penalties include imprisonment of up to five years or a fine of $250,000 per offense.
How do I Know my Copyright Infringement Rights Have Been Violated?
If you think your work has been used without your permission, you should first gather the evidence you believe is infringing to present to your SF lawyer. In addition, keep a record of your work to prove that your work has been reproduced or used.
Secondly, you should have an SF copyright infringement defense attorney to help you prove that:
- There is a valid copyright claim
- The infringer had access to your work
- The infringer’s defense claim, such as laches or fair use, does not apply to your case
How Can a San Francisco Intellectual Property Attorney Help?
Having a copyright attorney in San Francisco will make the difference in your case between solving the infringement claim fast or triggering a serious court dispute among the involved parties.
If you or your business has received a copyright infringement notice, a San Francisco intellectual property attorney can use the following defenses in your favor:
- You used the work after getting a license (this can shift the liability to your licensor).
- You are innocent and utterly unaware of the infringement
- Proving the work was not copied but independently created
- Misuse of copyright by the copyright holder
- Statute of limitation (the copyright holder should have filed a case within three years of knowledge of the infringement)
Get an SF Copyright Defense Attorney Today
Attorney James M. Braden and colleagues have been serving the people of San Francisco for years. No matter the nature of your copyright infringement cases, our attorney will ensure a smooth process that favors you. So, whether you’re the plaintiff or a defendant, contact our law office and let our San Francisco Intellectual Property attorney review your case.