Brian Russ Law, Inc. is resolved to guiding creatives and individuals obtain and monetize copyrightable works, and provide defense services for copyright infringement lawsuits. As an author, small business owner, and serial entrepreneur, lawyer Brian recognizes the difficulties of business owners and individuals when they think about and try to understand copyright law. Brian works with businesses throughout the Golden State to address common issues like copyright registration, fair use analysis, licensing decisions, and more. If you are considering legal support in Alameda for copyright issues, then you’ve come to the right place.
Alameda’s Copyright Lawyer
for Businesses and Individuals
What Is Copyright Infringement?
Copyright infringement is the unauthorized use of a copyrighted work without the permission of the copyright owner. The act of reproducing, distributing, adapting, or publicly displaying a work without permission constitutes copyright infringement. To ensure creators and authors have control over how their work is used and distributed, copyright law exists.
Copyright infringement can take many forms, including copying and distributing music, videos, or other media without permission, using someone else's work as your own, or reproducing and selling copies of a copyrighted work without permission. Most copyright infringements are civil offenses, and the copyright owner may pursue monetary damages. A copyright infringement is still an infringement regardless of the infringer's state of mind. For basic questions of whether a work was infringed, the infringer's state of mind does not matter.
The copyright of others should be respected and permission sought before using their work. Fair use for purposes of criticism, news reporting, teaching, scholarship, or research is an exception to copyright law. However, fair use exceptions are narrow and should not be relied upon unless you are certain that your use falls within their scope.
What Are Your First Three Steps When Sued for Copyright Infringement?
It is important to take steps to protect your interests if you are sued for copyright infringement. Take these three steps as a starting point:
First, consult a lawyer. A copyright infringement lawsuit should be addressed as soon as possible by seeking legal advice. A lawyer can help you understand your rights and options, and advise you on the best course of action.
Second, make sure you review the legal complaint that has been served on you. Carefully review the complaint that has been filed against you to understand the specific allegations of copyright infringement. In this way, you can identify any defenses that may be available to you and plan your response accordingly.
Third, infringing activity must be stopped. By continuing to violate the law, you can expose yourself to additional liabilities. And, to some extent, receiving notice of infringing activity puts you in a position of looking like a bad-faith intentional actor if you continue to infringe after receiving notice.
Brian Russ Law, Inc. is Here to Help Alameda Businesses and Individuals with Copyright Law Matters
The conclusion is simple – contact Brian Russ Law, Inc. today. We’re fielding inquiries from potential new copyright clients every day. Having an attorney on your team can help you avoid costly mistakes and give you invaluable peace of mind.