Brian Russ Law, Inc. is committed 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 understands the struggles of business owners and individuals when they think about and try to understand copyright law. Brian works with corporations throughout California to address common issues like copyright registration, fair use analysis, licensing decisions, and more. If you need legal advice in Commerce for copyright issues, then you’ve come to the right place.
Commerce’s Copyright Counsel
for Businesses and Individuals
What Is Copyright Infringement?
A copyrighted work can be viewed as infringed upon if it is used without the permission of the owner. Infringement of copyright can occur through reproduction, distribution, adaptation, or public display. The purpose of copyright law is to protect the rights of writers, creators, and publishers in order to ensure that how their work is used and disseminated is under their control.
Using someone else's work without permission is a form of copyright infringement, as is reproducing and selling copies of a copyrighted work. Most copyright infringements are civil offenses, and the copyright owner may pursue monetary damages. The infringer's state of mind is generally not relevant to whether the work was copied. Innocent copyright infringement is still infringement.
You should seek permission before using someone else's work and respect their copyright. It is possible to use copyrighted material for teaching, scholarship, research, criticism, news reporting, or fair use without permission in certain situations. 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. Follow these three steps to get started:
First, consult a lawyer. You should seek legal advice as soon as possible if you have been sued for copyright infringement. A lawyer can explain your rights and options to you, 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 that has been filed against you. Your response will be guided by identifying any defenses you may have available.
Third, infringing activity must be stopped. 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 Commerce 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 lawyer on your team can help you avoid costly mistakes and give you invaluable peace of mind.