Brian Russ Law, Inc. is dedicated to helping 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, attorney Brian appreciates the struggles 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 want legal support in Blackhawk for copyright issues, then you’ve come to the right place.
Blackhawk’s Copyright Counsel
for Businesses and Individuals
What Is Copyright Infringement?
Copyright infringement occurs when an owner's work is used without their consent. Infringement of copyright can occur through reproduction, distribution, adaptation, or public display. 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. In most cases, copyright infringement is a civil offense, and the infringer can be sued for monetary damages. Innocent copyright infringement is still infringement. The infringer's state of mind generally does not come into play for basic questions of whether the work was infringed.
Before appropriating another's work, it is important to respect their copyright. 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, seek legal advice. As soon as possible after being sued for copyright infringement, it is important to seek legal advice. The advice of a lawyer can help you understand your rights and options.
Second, read the legal complaint you received. Carefully review the complaint that has been filed against you to understand the specific allegations of copyright infringement. By doing so, you can identify possible defenses and plan your response accordingly.
Third, stop your infringing activity if you are engaged in infringement. Continuing to infringe can put you at risk of 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 Blackhawk 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.