Orange County Copyright Attorney

Assets are not just real property or financial wealth that an individual or business has, but it is also their ideas, ingenuity, creativity, or experimentation which are all known as intellectual property. Protecting your intellectual property can be an important step to ensuring your original work remains yours and that others cannot benefit from it without your permission.

There are three ways to protect your intellectual property, including patents and trademarks. However, copyrights could be the answer for many Orange County residents and businesses. Copyrights apply to all original works, including books, movies, screenplays, songs, art, software code, and websites. When intellectual properties such as these are protected by copyrights, you have the right to file copyright infringement claims in situations in which you believe someone has your right to ownership.

If you have intellectual property that you need protecting, it is important to work with an intellectual property attorney who understands how the law protects your intellectual assets and what to do if a violation occurs. At The Myers Law Group, our copyright attorneys have the experience and knowledge to help. Whether you are seeking a copyright or have been accused of infringement, our team can help you understand how to put the law to work for you.

Copyrights apply to many different types of mediums, which serve as an expression of ideas through the use of words, phrases, images, and sounds. When a person creates an “original work of authorship” that is part of a “tangible medium of expression,” they have the right to be legally protected by the Copyright Act of 1976. Like patents and trademarks, copyrights provide a means to protect intellectual assets belonging to an individual or business from infringement or other unauthorized uses. These protections are in place for your entire lifetime, plus an additional 70 years. If the material was created under the umbrella of a corporation, then the copyright is valid for a period of 95 years from the publication of the work or 120 years after the creation of the work, whichever period is shorter.

Unlike patents and trademarks, however, copyrights can be protected from the moment the work is created. There is a legal process for registering copyrights, but for many, this is simply a step to create a paper trail and public record that is meant to discourage violators from infringing on your work. Even without official registration, however, your work is still legally protected against unauthorized use. If you wish to pursue litigation against any violations, you will need to have the copyright registered, but this can occur even after the infringement is discovered.

Once you create an original work, you own it and are free to do with it what you choose, including reproducing, distributing, performing, or displaying the work, as well as making any copies of it that you wish. Even though it is your property, others may attempt to use it without your permission for their own personal gain. When a person does not gain your permission and uses your work in whole or in part, they are committing copyright infringement. Because the infringement can happen with part of a work, there simply needs to be proof there was a “substantial similarity” between the original and the copyrighted work. Examples of infringement include:

• A photograph you publish on your website is used by an individual or business to aid in product sales.
• You create an original work of art or drawing, and it is then published in a book, magazine, or advertisement without your permission.
• You are a fashion designer, and a competing clothing brand knocks off your design.
• You create computer code for use in a video game, and that source code is then used by a competing game designer.
• You create a piece of music containing a unique chord pattern that is subsequently used in another song.
• Creating an online video for YouTube and incorporating a song by an artist without their permission.
• The downloading of music or videos without paying for the content.

If you discover a person may be violating your copyright, you have the right to file a legal claim against them. Your first step should be to secure the help of an experienced intellectual property attorney who can help you understand the options available. There are many copyright attorneys, so it is important to ask questions such as:

• How much are your fees, and what is the breakdown of costs?
• Based on the evidence, what timeline do you think we should anticipate?
• Do you think I need to have international protection as well?
• What experience do you have with claims like mine?

After selecting an attorney, you must ensure your copyright is registered with the U.S. Copyright Office. Your attorney will then send a Copyright Infringement Notice regarding the potential violation to the offending party as a means of deterring the behavior. If the notice fails to yield results, your attorney will guide you to filing a civil claim. This filing will need to show evidence that your original work precedes any known usage by the accused party. In your claim, you can seek both a legal intervention to the usage of the material and also monies for damages as a result of the infringement.

Penalties in copyright infringement claims include compensation for loss of profits you experienced or were denied because of the violation, civil fines up to $150,000 per violation if the violation was willful, statutory damages up to $30,000 per piece of work that was infringed upon, and the possibility of criminal penalties that include up to 5 years in jail and $250,000 in fines.

Litigating a copyright violation varies in length of time, which can impact the costs of the claim. Generally speaking, it can cost upwards of $5,000 for filing fees, court fees, and attorney fees. The longer the litigation takes, the more it will cost. However, if you win your case, you may be able to recover some of these costs.

Your intellectual property deserves protection, and you deserve to file claims against those who seek to take advantage of your work. If you believe you have copyrighted work that was fully or partially reproduced, performed, or otherwise used without your permission, contact The Myers Law Group. Our intellectual property attorneys will review the circumstances of your case and help determine the smartest course of action to recover your property and monies owed and ensure you remain protected from further infractions. Contact our offices today.

Se habla español.