Copyright Infringement Claims

Enforcement of Copyright

We have three concerns when representing clients in enforcing their copyrights. The first is to stop the infringing activity as quickly as possible. The second is to ensure the client is compensated for the infringing activity to the fullest extent of the law, considering all relevant economic and business factors. The third is to meet the client's economic and competitive goals in prosecuting the infringing activity.

At the outset of our involvement we will outline and describe the litigation process so you are aware of the time and resources required to prosecute a copyright infringement case. We also diligently consult with you during the litigation process so you are able to make informed decisions as the litigation proceeds.

Visit our Attorney Fees page for an overview of the various retainer options available.

Many infringement suits are commenced even though the alleged infringer was not aware its activity was unlawful. This is because intent or knowledge is not an element of proof in a copyright infringement suit. Even an innocent infringer can be liable under the Copyright Act.

With that said, legal defenses to actual infringement exist, including fair use, independent creation, implied or express license, lack of access, public domain, lack of standing, lack of jurisdiction, waiver, and estoppel. An understanding of the Copyright Act and all available defenses is essential when defending a client accused of copyright infringement. Our goal is always to extricate our clients from litigation as quickly as possible at a minimum of cost and expense.