Brian Russ Law, Inc. is dedicated to advising 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, attorney Brian recognizes the worries of business owners and individuals when they think about and try to understand copyright law. Brian works with creatives throughout California to address common issues like copyright registration, fair use analysis, licensing decisions, and more. If you are considering legal advice in El Cerrito for copyright issues, then you’ve come to the right place.
El Cerrito’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. Unauthorized reproductions, distributions, adaptations, or public displays of the work are all examples of copyright infringements. 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. An infringer may be held liable for monetary damages if they commit copyright infringement. 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.
The copyright of others should be respected and permission sought before using their work. In addition, there are some exceptions to copyright laws, such as fair use by critics, news reporters, teachers, scholars, or researchers. You should, however, only rely on fair use exceptions if you are certain your use falls within their scope.
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. In the event that you have been sued for copyright infringement, you should obtain legal counsel as soon as possible. The advice of a lawyer can help you understand your rights and options.
Second, review the legal complaint that was served on you. Take the time to review the complaint that has been filed against you in order to understand the specific allegations of copyright infringement. By identifying your defenses, you will be able to 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. If you continue to infringe after receiving notice of infringing activity, you may appear to be acting in bad faith.
Brian Russ Law, Inc. is Here to Help El Cerrito 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 attorney on your team can help you avoid costly mistakes and give you invaluable peace of mind.