Brian Russ Law, Inc. is committed to helping companies 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 sees the difficulties of business owners and individuals when they think about and try to understand copyright law. Brian works with businesses throughout California to address common issues like copyright registration, fair use analysis, licensing decisions, and more. If you are considering legal guidance in Eberly for copyright issues, then you’ve come to the right place.
Eberly’s Copyright Counsel
for Businesses and Individuals
What Is Copyright Infringement?
Unauthorized use of a copyrighted work without the owner's permission is considered copyright infringement. The act of reproducing, distributing, adapting, or publicly displaying a work without permission constitutes copyright infringement. 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.
It is illegal to copy, distribute, sell, or reproduce copyrighted works without permission. This includes sharing music, videos, or other media without permission. Most copyright infringements are civil offenses, and the copyright owner may pursue 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. 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?
The matter of copyright infringement should be taken seriously and protected if you are sued. Take these three steps as a starting point:
First, consult a lawyer. In the event that you have been sued for copyright infringement, you should obtain legal counsel as soon as possible. A lawyer can explain your rights and options to you, 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. 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 Available to Help Eberly Businesses and Individuals with Copyright Law Matters
The conclusion is straightforward – call 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.