A Quick Guide To California Copyright Laws For Long Beach-Based Clients
It takes time, effort, and imagination to come up with unique concepts and designs. For most people, these unique ideas are crucial to their income or business. You wouldn't want those ideas stolen from you.
Here's a simple primer to help you better grasp your rights under copyright laws, as often handled by our prescreened Long Beach Copyright Infringement Lawyers in California.
What Is Copyright Infringement and How Does It Happen?
In essence, copyright infringement happens when you use one or more of the exclusive rights of a copyright owner. As a result, if you use someone else's work, you could be sued.
The following are the copyright owner's exclusive rights:
Make copies of their work
Create derivative work
Distribute copies of the work to the wider audience
Place the copyrighted work on display
Make content that is protected by copyright available for purchase (i.e., merchandise)
To perform or play the work in front of an audience (i.e., audio recordings, etc.)
Most of these guidelines are there to protect someone's original work or ideas. These make it so the copyright owner is the only one who has the right to profit off of their copyrighted material. If someone wishes to use these materials, they'll need to ask permission from the copyright owner.
Consult a Long Beach Copyright Infringement Lawyer in California to learn more about your rights. An attorney can examine your case, analyze your case, and assist you in protecting your rights.
What Do You Need To Prove Copyright Infringement?
In order to pursue a successful claim of copyright infringement, the plaintiff must generally prove the following:
That they are the legitimate owners of copyright (or has the legal right to sue)
Proof that the defendant copied the copyrighted work, either directly or by evidence that demonstrates:
The defendant had access to the original work and produced one that is remarkably similar to the copyrighted work.
The defendant's work is very similar to the copyrighted work.
The sections of the work that have been copied are protected by copyright (i.e., not merely copying portions from the copyrighted work)
Contact a Long Beach Business Law Attorney near you for help in gathering evidence and moving forward with the claims process.
What Are the Benefits of a Winning Copyright Claim?
If the defendant is found guilty of copyright infringement, the copyright holder may recover one of the following:
Actual losses (also known as "quantifiable damages, like lost profits)
Statutory damages or losses
The statutory damages could be greatly enhanced if the plaintiff can establish that the violation was purposeful.
However, the amount you can recover from a successful claim is determined by the circumstances of your case, the evidence you can present, and your Long Beach Copyright Infringement Lawyer's ability.
The Difference: Copyright vs. Plagiarism
Plagiarism occurs when you pass off another person's work (ideas, design, or creative product) as your own. While such use may result in a copyright infringement case, plagiarism does not carry any legal consequences.
Listed below are a few examples:
Plagiarism might occur if someone attempted to pass off a classic novel as their own. They cannot be sued for copyright infringement if the classical novel is in the public domain.
The copyright owners can sue someone for infringement if they post, publish, or sell a book that isn't in the public domain.
Finally, if someone claims ownership of a work that isn't in the public domain and sells it, they have committed both plagiarism and copyright infringement.
Nonetheless, you should avoid plagiarizing. If you need to use or be inspired by someone else's work, make sure to cite them properly. This will ensure that you don't have any issues in the future.
Find A Long Beach Copyright Litigation Attorney in California
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