In the age of the internet, it is more important than ever to protect your creative expressions. While the U.S. Copyright Act covers a wide range of works including music, art, and architectural design, you must enforce those rights when you encounter someone on infringing on it.
The thought of litigating a case over your creative works can be intimidating, but you have the right to rely on a skilled copyright law attorney to help. In some cases, it is possible to resolve these issues without the need for legal action. Please call our team and learn how a Miami copyright infringement lawyer could advise you on how to proceed. We can also represent those who are wrongly or unfairly accused of violating a copyright.
Infringement includes any act that violates copyright laws, including the unlawful distribution, display, or reproduction of protected works. Creating closely derivative works without permission is also a violation of federal law that carries steep consequences.
These protections can have a dramatic impact on the creator, but only if the copyright is appropriately recorded with the federal government. In some cases, the creator may lose out on their ability to protect themselves if they fail to register. A Miami copyright infringement attorney could help a person navigate every part of this process to cover all their bases.
For most copyright infringement attorneys in Miami, the first step is not to file a lawsuit. Instead of diving headfirst into litigation, legal counsel will generally look for a way to quickly resolve the dispute. This involves sending something known as a cease-and-desist letter.
These letters are sent to the infringing party, and they request an end to any unauthorized use of the copyrighted material. The correspondence usually details the rights of the creator and the specific nature they believe is infringement.
It is not uncommon for these letters to result in the other party removing or alerting their offending work from public view. While this does not release them from any liability for the actions, in many cases, it can represent the end of the dispute.
When cease-and-desist letters are unsuccessful, a lawsuit in federal court is the next step. Litigation can be expensive, but significant strategic benefits come with defending a copyright.
These actions are often the only path for enforcing exclusive rights and ownership over a creative work. This maintains the value of the piece of art and provides the creator with an opportunity to earn from it in the future.
Many people filing lawsuits for infringement do so to get injunctive relief. A judge has the power to order the end to this illegal activity, potentially requiring the other party to take certain actions, including destroying any existing stock of goods that violates the Copyright Act.
Monetary damages may also be available if a claim is successful. A plaintiff has the right to seek compensation for actual damages, which are the financial losses they experienced due to the act of infringement, and usually attorney fees and court costs as well.
As the creator of artistic works, you deserve to have exclusive rights to profit from your efforts. When other parties use your creation for commercial gain without your permission, you might have to rely on the court system for recourse. Place a call to a Miami copyright infringement lawyer right away to learn more about your options. The intellectual property lawyers at Lomnitzer Law know the value of your creation and are committed to securing justice.
