Businesses create original, creative works every day that are subject to copyright laws, from employee manuals and marketing materials to website content and software code. These assets are incredibly valuable for your business, but they are constantly at risk for being used, reproduced, and distributed by unauthorized users hoping to save time and money or even pass these works off as their own. Given how important your copyrighted works are to the success and continued growth of your business, it is absolutely essential to protect your works by registering your copyrights with the US Copyright Office and to respond to any forms of copyright infringement with prompt action.
If you suspect that someone has violated your exclusive rights as a copyright owner, you do have options for legal recourse to force them into desisting and obtain compensation for the losses you incurred due to their illegal actions. Consult the information below to learn more about copyright disputes and how they are settled, then contact The Myers Law Group today to discuss your case.
What Are Copyright Disputes?
A copyright dispute arises when an unauthorized third party violates the rights granted to a copyright owner by federal copyright law. These rights include the right to use, reproduce, sell, distribute, display, or perform copyrighted works, as well as creating derivative works based on the copyrighted works through translation, adaptation, or modification. Copyright rights also allow copyright owners to license copyrighted works to other parties for outside use.
While the economic rights afforded by copyright protection allow them to sell and license their copyrighted works to others, creators of a copyrighted work also have moral rights that cannot be sold or transferred to others. These moral rights comprise the right to attribution, or the right to be identified as the creator when a work is reproduced, published, or distributed to prevent someone else from falsely claiming authorship, and the right of integrity, which is defined as the right to prevent work from being modified or displayed in a derogatory manner.
If someone uses your copyrighted work without a licensing agreement or express permission from you, this violation of your rights is referred to as copyright violation or copyright infringement. When someone commits this crime, they may be prosecuted by the US Department of Justice and penalized for every instance of such violation. Punishments for copyright infringement include seizure of the infringing work, repayment of damages and profits, fines up to $250,000 per violation, and up to five years in prison.
What Are My Options for Resolving a Copyright Dispute?
There are two main options for resolving a copyright dispute – alternative dispute resolution and copyright litigation.
- Alternative Dispute Resolution Although aggressive litigation may be necessary in certain situations, the preferable outcome for most copyright disputes is to conduct alternative dispute resolution (ADR) methods such as attorney-led negotiation and mediation. ADR strategies aim to facilitate respectful, productive communication between the copyright owner and the alleged copyright infringer. An attorney can prepare a “cease and desist” letter and send it to the infringing party on your behalf to notify them that there may be a conflict between your intellectual property rights under copyright law and their activities and to request that both parties meet to discuss the issue and reach an acceptable solution. Alternative dispute resolution is typically the best option in cases where the copyright violation appears unintentional because it allows the dispute to be resolved without involving costly, time-consuming legal proceedings. ADR can prompt the infringing party to desist their problematic actions and reach a settlement that works for both parties. It can also create a foundation for a positive business relationship by encouraging them to pursue a licensing agreement to take advantage of your copyrighted works and the benefits they offer without causing further legal issues.
- Litigation If the copyright infringement persists, or if the infringing party shows a clear and deliberate disregard for your rights as a copyright owner, rather than simply making a mistake, the next solution is to initiate litigation against them. Your attorney will be responsible for proving that the work is protected by copyright, that you are the legal owner of the copyright, and that the infringing party used the copyrighted works without your permission. After the court establishes that copyright violation has occurred, they can order the infringer to stop their activities, seize the infringing work, and mandate that the infringer pays compensation as punishment for the violation. In most cases, you can recover three types of damages for a copyright violation:
- Actual Damages – Also known as compensatory damages, actual damages comprise the dollar amount of the losses you suffered due to the copyright infringement, such as lost sales, lost revenue, and any other demonstrable financial losses you incurred that directly resulted from the violation.
- Profits – If the copyright infringer obtained higher profits through this violation than the profits you lost (actual damages), you can recover these profits.
- Statutory Damages – Because of the difficulty proving lost profits or damages, most litigated cases of copyright infringement focus on statutory damages, defined as the specific monetary damages outlined by copyright law. However, you can only pursue statutory damages if you registered your copyright with the US Copyright Office before the violation occurred.The amount of these damages depends on whether the violation was committed unintentionally or willfully and the financial situation of the infringer. An infringer who did not purposefully violate copyright law may pay only $200 total in statutory damages, while an infringer who deliberately violated the law can be penalized with up to $150,000 for every violation.
Protect Your Copyright From Infringement
If you believe someone has committed an act of copyright infringement against your business, you must contact an experienced copyright attorney immediately to protect your rights. At The Myers Law Group, our team of knowledgeable and highly skilled copyright attorneys can help you determine if your rights were in fact violated and guide you through the process of resolving this issue. With over 80 years of combined experience, our firm has successfully aided businesses of all types and sizes, from entrepreneurs to multinational corporations. We provide legal counsel for a wide variety of copyright ownership issues and can litigate your case in court to enforce your copyright and recover damages for this violation.
Contact The Myers Law Group today to schedule a consultation with our team and learn more about how we can help you fight against copyright infringement.