Brian Russ Law, Inc. is resolved to supporting 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 gets the worries 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 need legal guidance in Berkeley for copyright issues, then you’ve come to the right place.
Berkeley’s Copyright Attorney
for Businesses and Individuals
What Is Copyright Infringement?
Copyright infringement occurs when an owner's work is used without their consent. 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.
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. Copyright infringement is usually a civil offense, and the owner can seek damages for the infringement. 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.
It is important to respect the copyright of others and to seek permission before using their work. There are some exceptions to copyright law that allow for limited use of copyrighted material without permission, such as fair use for purposes of criticism, news reporting, teaching, scholarship, or research. It is important, however, to verify that your use falls within the scope of fair use exceptions before relying upon them.
What Are Your First Three Steps When Sued for Copyright Infringement?
In the event that you are sued for copyright infringement, you should take the matter seriously and take the steps necessary to protect your rights. The first three steps are as follows:
First, get legal advice. In the event that you have been sued for copyright infringement, you should obtain legal counsel as soon as possible. A lawyer can help you understand your rights and options, and advise you on the best course of action.
Second, review the legal complaint that was 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. Continuing to infringe can expose you to additional liability. If you continue to infringe despite receiving notice, you may look like a bad-faith intentional actor.
Brian Russ Law, Inc. is Available to Help Berkeley Businesses and Individuals with Copyright Law Matters
The conclusion is easy – 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.