It can take years and substantial capital expenditures to create valuable intellectual property. Such intellectual property is often relied upon to create a revenue stream for decades. Many times a copyright is the proper tool for protecting creative content fixed in a tangible medium. Copyrights are often used to protect musical works, television, movies and increasingly software and computer source code.Representation for Content Owners and Distributors
Despite the amount of effort and resources that may go into creating copyright protected content, today it requires only a simple click of a mouse to infringe upon valuable copyrights. Content owners victimized by copyright infringement are entitled to actual or statutory damages and attorney's fees in many instances. Injunctive relief in the form of temporary restraining orders and preliminary injunctions are also frequently available to combat infringement.
As content and protected intellectual property continue to move online, our copyright litigation experience adds tremendous client value. We possess the knowledge and skills necessary to understand internet based infringement issues and protect your rights in state and federal courts.
Defendants served with a federal copyright infringement lawsuit generally have only 20 days to respond or secure legal counsel. Failure to do so may result in a costly default judgment.Defense of Copyright Infringement Lawsuits
We have represented both plaintiffs and defendants in a broad range of copyright infringement cases, including cases involving:
- Motion Pictures
- Television shows
- Theatrical productions
- Video games
- Insurance policy language
- Sales training manuals
- Software code
With the advent of peer-to-peer file sharing networks, digital lockers, bit torrents, user generated content and streaming digital content sites, it is easier than ever to steal intellectual property online. Our practice has adjusted to these new challenges and business models by closely monitoring statutor y changes in addition to breaking copyright infringement appellate decisions.
The Digital Millennium Copyright Act (DMCA) provides the rules of the road for most digital content and its distribution online. We have handled numerous DMCA cases and fully understand the boundaries of its safe harbor immunity provision codified in Section 512 of the Copyright Act. Frequently, internet service providers are able to avoid vicarious or contributory copyright infringement liability by complying with DMCA safe harbor procedures. We have used this authority in Rule 12 motions to dismiss and also to prevail upon summary judgment. In our representation of copyright owners as plaintiffs, we understand Section 512 immunity disqualification factors and may be able to overcome DMCA defenses. Recent decisions by the 2nd Circuit may scale back the power of DMCA internet service provider based defenses.Are You Covered?
We are often able to obtain insurance defense and indemnification coverage for defendants sued for copyright violations. In our defense work, it is crucial that our clients initially provide us with copies of all possible applicable insurance policies. In the event that defense coverage is available, the insurer often agrees to retain our firm as defense counsel based upon our years of internet based infringement litigation experience.