Anyone can claim that they have copyright protection, but not everyone can take action to enforce their rights. In order to file a copyright lawsuit, you need to register your copyright with the United States Copyright Office. Not every application is automatically approved. The Copyright Officer may reject the application, or it may come back with additional questions. To be on the safe side, you should seek help from a copyright lawyer from The Milian Legal Group before you file your application. Getting legal help could reduce the risk that your application is rejected and could help you communicate more effectively with the Copyright Office if they have concerns.
The copyright process can take quite some time from start to finish. It is essential to begin soon, but only after you have done your homework. Any problems with your application can add more time to the process. The good news is that copyright protection lasts for the duration of your life, plus 70 years after that. Thus, your estate can continue to enforce your intellectual property rights long after you are no longer here.
Never wait to seek help from a copyright lawyer when it comes time to protect your intellectual property.
Once you have copyright protection, others are prohibited from:
Here are some examples of things that have led to copyright infringement lawsuits:
As you can see, many copyright cases have very high stakes involved. If you own the copyright, infringement takes from you the right to profit off your own work. If you have been accused of infringement, you may owe a large amount of damages if you are found to be liable. The cases above dragged on for years, and the lawsuit against Napster even went to the United States Supreme Court.
If you believe that someone has violated your copyright, you should take immediate and strong legal action. The first step is to contact an experienced copyright attorney, both to get their opinion of whether you have a possible case and to discuss your legal options. Some cases can be resolved quickly through a firm cease-and-desist letter that demands a halt to the wrongful action and lays out a timeline for when it must happen. However, if the other party has already made a substantial amount of money or your rights are in immediate jeopardy, you may have no choice but to sue.
The Milian Legal Group can work with you on all your copyright law issues, from registration to enforcement. The copyright process is anything but straightforward, and your work may not even fall into any neat boxes. A copyright lawyer is an investment in your own work and could help ensure that you profit from your own creativity. Then, you need to enforce your rights because nobody else will. The first step is to speak with an experienced copyright lawyer. We are standing by to speak with you. Reach out to us online or call us today at (786) 808-9736.
“Our attorneys work hard to build a strategy around each case. We walk into court rooms with a complete plan of action.”
David P. MilianFounding Attorney
You would need to prove the following to win a copyright lawsuit:
The main reason to file a copyright lawsuit is to recover damages for what has already been done to you. Once you register a copyright, you can receive damages for an infringement that occurred before and after you registered it with the Copyright Office. In addition, you want to make the unauthorized conduct stop. Accordingly, the court can not only order someone to pay you money, but it can also issue an injunction that ends the defendant’s behavior that violates your intellectual property rights. If the defendant willfully violated your copyright, they could even face a criminal investigation.
A copyright lawsuit will involve many opinions of what could constitute a substantial similarity between works. The one thing that should not be in doubt is that you are the valid holder of a copyright. Thus, you need to take action today to register your work to protect your rights. Then, we can provide you with strong and vigorous legal representation in a lawsuit.
Contact us today to schedule a consultation and learn more about how we can assist you with your legal needs (786) 808-9736
Contact us to get started.