Brian Russ Law, Inc. is resolved to guiding 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 appreciates the struggles of business owners and individuals when they think about and try to understand copyright law. Brian works with folks throughout California to address common issues like copyright registration, fair use analysis, licensing decisions, and more. If you are considering legal guidance in Dogtown for copyright issues, then you’ve come to the right place.
Dogtown’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. This can include reproducing, distributing, adapting, or publicly displaying the work without permission. Copyright law exists to protect the rights of creators and authors, and to ensure that they are able to control how their work is used and disseminated.
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 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.
Using others' work must be done with permission and with respect for their copyright. It is possible to use copyrighted material for teaching, scholarship, research, criticism, news reporting, or fair use without permission in certain situations. 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?
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. You should take the following three steps first:
First, you need to retain an attorney. You should seek legal advice as soon as possible if you have been sued for copyright infringement. 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, you need to review and understand the legal complaint made against you. Take the time to review the complaint that has been filed against you in order to understand the specific allegations of copyright infringement. This will help you identify any defenses that may be available to you and plan your response.
Third, stop infringing activities if you are engaged in them. By continuing to violate the law, you can expose yourself to additional liabilities. 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 Here to Help Dogtown Businesses and Individuals with Copyright Law Matters
The conclusion is straightforward – contact Brian Russ Law, Inc. today. We’re fielding calls 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.