Brian Russ Law, Inc. is committed to helping businesses 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 understands the struggles of business owners and individuals when they think about and try to understand copyright law. Brian works with businesses across California to address common issues like copyright registration, fair use analysis, licensing decisions, and more. If you are considering legal guidance in Encinitas for copyright issues, then you’ve come to the right place.
Encinitas’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. It protects the rights of creators and authors, and ensures that their work can be used and distributed in the way that they choose.
Copyright infringement can take many forms, including copying and distributing music, videos, or other media without permission, using someone else's work as your own, or reproducing and selling copies of a copyrighted work without permission. In most cases, copyright infringement is a civil offense, and the copyright owner can seek monetary damages from the infringer. 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.
It is important to respect the copyright of others and to seek permission before using their work. Exceptions to copyright law allow for limited use of copyrighted material without permission, such as fair use for criticism, news reporting, teaching, scholarship, or research. It is important, however, to verify that your use falls within the scope of fair use exceptions before relying upon them.
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, consult a lawyer. 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, you need to review and understand the legal complaint made against you. Carefully review the complaint that has been filed against you to understand the specific allegations of copyright infringement. By doing so, you can identify possible defenses and plan your response accordingly.
Third, infringing activity must be stopped. You can expose yourself to additional liability by continuing the infringement. If you continue to infringe despite receiving notice, you may look like a bad-faith intentional actor.
Brian Russ Law, Inc. is Excited to Help Encinitas 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.