Copyright Infringement in CA

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A copyright is a right which keeps others from using your uniquely original work. Whenever a person or business encroaches on the exclusive rights held by the owner of a copyright, they commit copyright infringement and can face fines and other penalties.

A copyright gives the owner certain rights they alone may exercise, including the right to:

  • Reproduce the copyrighted work
  • Distribute reproductions of the work to the public for sale
  • Perform the copyrighted work

An intellectual property attorney from The Mirkhan Law Firm can assist you in protecting your registered copyright. You will need an experienced legal professional to handle the complicated procedural requirements for litigation. Do not wait to speak with the dedicated lawyers at our firm.

Can I pursue legal action?

Even though another's work may appear very similar to yours, there is no guarantee they have infringed upon your material.

You may not be able to pursue litigation if any of the following are included in your claim:

  • Facts such as historical events
  • General or vague ideas
  • Any elements which necessarily flow from general ideas

Since facts do not belong to any singular person, it is impossible to claim rights to them. Similarly, general or vague ideas cannot be copyrighted, making it difficult to prove a case against another company or individual if this is your only basis. If you still believe your ideas have been stolen, you will need to consult with an experienced attorney to determine what steps to take next.

How does a copyright infringement suit work?

Once you have retained a copyright litigation attorney, you will need to file a formal complaint. After this, the defendant will have three weeks to file a responsive pleading, either answering the charges or making a motion to dismiss the case. A discovery phase will follow, which can last several months. Once completed, the case moves to summary judgment motions and the trial.

If you wish to bring a case against another individual or business for copyright infringement, you will need to establish that there is significant similarity between your material and another's and that the person accused of infringement had access to your work. If successful, it is possible to recover damages in a copyright litigation case.

Contact Our Firm Today

If you believe your intellectual property has been stolen or your copyrighted work has been infringed upon, you need to take legal action. Discuss your case with a knowledgeable attorney. At The Mirkhan Law Firm, our primary goal is pursuing justice on behalf of our clients, no matter what the issue. We are fearless in defending our clients—call our office today and learn what we can do for your business.