Copyright Infringement Attorney Los Angeles California

Looking for the right Copyright Infringement Attorney in Los Angeles, California?

Our Copyright Litigation Practice is designed to provide clients in California with reliable legal advise in connection with trademark litigation matters brought by or against them.

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AXIS Legal Counsel – Copyright Infringement Attorney Los Angeles California

Copyright infringement refers to the infringement on the works of authorship protected by copyright by another person or entity, which results in infringement on the original author’s rights.  United States Copyright law protects original works of authorship from infringement by others – in this way, a copyright provides a “monopoly” to the original author, prohibiting other third parties from using, reproducing, displaying, printing, publishing, selling, copying, or otherwise using the work for their own purposes, except through “fair use.”

If you have been the victim of copyright infringement, contact AXIS Legal Counsel for help. AXIS regularly counsels a variety of creative, business, and other professionals with respect to their intellectual property rights, including in instances of copyright infringement.  Contact us today at 213-403-0130 for a risk-free and no-charge free consultation.

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What Kinds of Works Can be Targeted for Copyright Infringement?

Copyright law protects all original forms of authorship, so this can cover everything from art, music, recordings, works of art, novels, writings, graphic designs, creative expressions of art, songs, compositions, musical recordings, designs, publications, and many others.

Does a Work Have to be Copyrighted to be Protected?

IP  Practice Areas

  • Copyrights
  • Copyright Infringement
  • Copyright Litigation
  • Counterfeiting
  • Infringement
  • Intellectual Property
  • Trademarks
  • Trademark Infringement
  • Trademark Litigation
  • International IP
  • IP Licensing
  • IP Disputes
  • IP Litigation
  • TTAB Litigation
  • Trade Secrets

This is the top question that victims of copyright infringement ask. The answer is “yes” and “no.”  A work does not necessarily need to be actually copyrighted with the U.S. Copyright Office in order to receive the protections of copyright law. So long as the victim is the original author of the work, and has not transferred his or her rights to the work to other parties, then the work may not be misappropriated by others without the victim’s consent. However, when it comes to the question of enforcing the rights to copyright against others, the work does indeed need to be registered with the U.S. Copyright office in order for a lawsuit in federal court to be brought.  That being said, issuing cease-and-desist demands to infringers can and are routinely sent without the work in question being copyrighted.

Is it Worth It to Bring Legal Claims Over an Infringement?

Many victims of copyright infringement want to know whether it is worth it to bring claims against the perpetrator, or let them go and simply take better precautions going forward.  The answer depends on the circumstances. For example, if a notable work is essentially “lifted” or “stolen” by another artist or author that is actively profiting from and monetizing, then the victim should strongly consider bringing legal claims against the perpetrator, of the essential elements of a viable copyright claim can be made.  On the other hand, if the perpetrator is a lone blogger or individual that does not appear to have any assets or appears incollectible, it may not be worth it to bring legal claims against the in court because, even if the case is successful at trial, a declaration of bankruptcy will wipe out the judgment.

What Is Fair Use?

Fair use is a commonly known defense to copyright infringement actions, which allows members of the public or others to use the protected work for educational, informational, or similar uses, such as commentary.  For example, the fair use defense will allow an individual to post a copy of a copyrighted piece of art, add commentary to it, for example, to write a news article about it, post commentary about it, critique it, etc., without violating the copyright.  However, the fair use defense will generally not permit the reproduction of the entire work – only portions. Further, fair use does not permit the user to monetize or make commercial use of the work – that would be going too far.

How does Bringing a Claim for Copyright Infringement Work

If you have been the victim of copyright infringement, and want to bring a legal claim, the process begins through the issuance of a demand to the other side through your attorneys.  Depending on the facts of the case, the demand could indicate that the infringer must halt the infringement of your work, or demand the payment of monetary fees.  The reason my demands are issued is to establish knowing infringement. Under federal copyright laws, a accidental infringement does not necessarily qualify for enhanced remedies, including statutory penalties and damages. To obtain these enhanced remedies, you must be able to demonstrate that the infringer knew about the infringement but continued infringing on your work anyway. The way to do this is to issue a demand letter placing the other party on notice that their work placed online, in print, in commercials, or other uses, constitutes copyright infringement of your protectable copyright work, and that further uses of the work will expose them to liability.

Once the demand is issued to the other side, there is generally is given to them for response. This could be as little as seven days, or up to 30. It will depend on the unique facts of your case and how urgent the situation is. In many cases, copyright infringement lawsuits can be settled promptly and without the expenditure of time or resources pursuing a legal action. On the other hand, sometimes copyright infringement cases require legal action to be brought, and if that is the case, a lawsuit will be filed on your behalf.

Generally, lawsuits are brought in federal court, because copyright infringement laws are federal laws. State court is the appropriate forum for state law claims. For copyright infringement claim, on the other hand, alleges that the infringer has violated federal laws, namely the U.S. Copyright law, and as a result, the lawsuit must be brought in federal court. In Southern California, the Central District for the Unite is where lawsuits involving copyright infringement claims are generally brought.d States District Court

What is the Pricing for Copyright Infringement Claims and How is Billing Done?

readreviewsCopyright infringement claims are generally prosecuted in a few different ways.  Generally, cease and desist demands and take-down demands are done on a flat fee basis. On the other hand, a lawsuit alleging copyright infringement can be brought on a contingency basis, on an hourly basis, or on a blended/hybrid basis, depending on the facts of the case.

Getting Legal Help

If you have been the victim of copyright infringement, contact AXIS Legal Counsel today. AXIS offers cost-effective and affordable representation of copyright infringement claims. Contact AXIS today for a free and confidential no-risk consultation at 213-403-0130 or info@axislegalca.com.

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INTELLECTUAL PROPERTY PRACTICE AREAS

  • Copyrights
  • Copyright Applications
  • Copyright Litigation
  • Copyright Infringement
  • Copyright Registrations
  • Domain Name Disputes
  • Intellectual Property
  • Intellectual Property Transactions
  • Intellectual Property Law
  • Intellectual Property Litigation
  • Intellectual Property Infringement
  • Licensing
  • Merchandising Transactions
  • Misappropriation
  • Patents & Inventions Assignments
  • Trademark Applications
  • Trademark Infringement
  • Trademark Litigation
  • Trademark Registrations
  • Trade Name Litigation
  • Trade Secrets
  • Trade Secret Theft
  • Unfair Competition

Consistently Recognized for Excellence in Legal Services 

readreviewssgAxis Legal Counsel’s legal experience has consistently been recognized for excellence in legal services, and has been rated or ranked by Avvo, SuperLawyers, Euromoney’s Definitive Guide to Leading Litigation Lawyers & Law Firms, Los Angeles Magazine, and others.

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*** Testimonials should not be viewed as guarantees or predictions of success in your case. Each case is unique.
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COPYRIGHT INFRINGEMENT ATTORNEY LOS ANGELES
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