Brian Russ Law, Inc. is committed to helping corporations 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 creatives across California to address common issues like copyright registration, fair use analysis, licensing decisions, and more. If you are considering legal advice in Denair for copyright issues, then you’ve come to the right place.
Denair’s Copyright Counsel
for Businesses and Individuals
What Is Copyright Infringement?
An unauthorized use of a copyrighted work is considered infringement. 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.
Using someone else's work without permission is a form of copyright infringement, as is reproducing and selling copies of a copyrighted work. 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. 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. Fair use exceptions are narrow and should not be relied upon unless you are certain that your use is covered.
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. Take these three steps as a starting point:
First, you need to retain an attorney. A copyright infringement lawsuit should be addressed as soon as possible by seeking legal advice. It is important to speak with a lawyer to understand your rights and options, and to determine what course of action is best for you.
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. Your response will be guided by identifying any defenses you may have available.
Third, stop your infringing activity if you are engaged in infringement. If you continue to infringe, you may be exposed to additional liability. In some cases, receiving notice of infringing activity puts you in a position of looking like a bad-faith intentional infringer.
Brian Russ Law, Inc. is Excited to Help Denair Businesses and Individuals with Copyright Law Matters
The conclusion is straightforward – call Brian Russ Law, Inc. today. We’re fielding calls 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.