Brian Russ Law, Inc. is committed to supporting businesses 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 appreciates the difficulties of business owners and individuals when they think about and try to understand copyright law. Brian works with folks throughout the Golden State to address common issues like copyright registration, fair use analysis, licensing decisions, and more. If you want legal advice in Aptos for copyright issues, then you’ve come to the right place.
Aptos’s Copyright Counsel
for Businesses and Individuals
What Is Copyright Infringement?
Copyright infringement occurs when an owner's work is used without their consent. If the work is reproduced, distributed, adapted, or publicly displayed without permission, then copyright infringement has occurred. It protects the rights of creators and authors, and ensures that their work can be used and distributed in the way that they choose.
If you copy and distribute music, videos, or other media without permission, use someone else's work as your own, or reproduce and sell copies of a copyrighted work without permission, you may have committed copyright infringement. In most cases, copyright infringement is a civil offense, and the copyright owner can seek monetary damages from the infringer. 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.
You should seek permission before using someone else's work and respect their copyright. Exceptions to copyright law allow for limited use of copyrighted material without permission, such as fair use for criticism, news reporting, teaching, scholarship, or research. There are, however, a few exceptions to fair use, and you should not rely on them unless you know for sure that your use is permitted.
What Are Your First Three Steps When Sued for Copyright Infringement?
Taking steps to protect your interests is important if you are sued for copyright infringement. The first three steps are as follows:
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, you need to review and understand the legal complaint made against you. Understand the specific allegations of copyright infringement in the complaint filed against you. In this way, you can identify any defenses that may be available to you and plan your response accordingly.
Third, if you are infringing, stop Continuing to infringe can expose you to additional liability. 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 Excited to Help Aptos Businesses and Individuals with Copyright Law Matters
The conclusion is straightforward – contact Brian Russ Law, Inc. today. We’re fielding inquiries from potential new copyright clients every day. Having an lawyer on your team can help you avoid costly mistakes and give you invaluable peace of mind.