A Basic Guide To Copyright Litigation In California
Coming up with unique ideas and designs takes time, effort, and creativity. You wouldn't want anyone stealing those ideas and concepts from you. That's why it's important to protect your right to own, produce, and make money off of your hard work.
If you're still weighing in on whether or not to call a California Copyright Infringement Lawyer, here's a quick guide to help you better understand your rights under copyright laws.
What Is Copyright Infringement?
In essence, copyright infringement occurs when you use one or more of a copyright owner's exclusive rights. So if you use another person's work, you may be answerable for "copyright infringement."
The following are the exclusive rights that a copyright owner has:
Make many copies of the work
Create a derivative work based on the original
Make copies of the work available to the general public
Put the copyrighted work on exhibit
Put copyrighted work on sale
To perform or play the work publicly (i.e., audio recordings, etc.)
To find out more about your rights, consult with a Lancaster Copyright Litigation Attorney in California. An attorney will be able to look at your case, review your rights, and help you protect your rights.
What Do You Need To Prove?
The plaintiff must generally prove the following in order to pursue a successful claim of copyright infringement:
That they are the owner of valid copyright (or has the legal right to sue)
That the defendant copied the copyrighted work, either by direct evidence of the copying or through evidence that demonstrates:
The defendant was given access to the original work, and their work is strikingly comparable to the copyrighted work.
The work of the defendant bears a striking resemblance to the copyrighted work
Copyright protects the sections of the work that have been copied (i.e., not merely copying facts from the copyrighted work)
To help you gather evidence and proceed with the claims process, contact a Lancaster Copyright Litigation Lawyer near you.
What Can You Get From A Successful Copyright Claim?
If the defendant is held accountable for copyright infringement, the copyright holder is entitled to recover either:
Real damages(also known as "quantifiable damages, like lost profits)
Statutory damages
If the plaintiff can show that the infringement was willful, the statutory damages might significantly be increased.
That said, how much you can get from a successful claim is dependent on the facts of your case, the evidence you can show, and the skill of your Lancaster Copyright Claims Lawyer.
Plagiarism vs. Copyright
Plagiarism is when you take someone else's work (ideas, design, creative product) and pass it off as your own. While such use may expose you to a copyright infringement lawsuit, there is no legal culpability associated with plagiarism.
Here are a few examples:
If someone tries to pass off a classical novel as their own, they'd be plagiarizing. However, if the classical novel is in the public domain, they can't be sued for copyright infringement.
If someone were to post, publish, or sell a book that isn't in the public domain, then the copyright holder may sue them for infringement.
Lastly, if someone were to claim ownership and sell a book that isn't in the public domain, then that person has committed both plagiarism and copyright infringement.
Nonetheless, it's best that you avoid plagiarism. If you need to borrow and take inspiration from someone else's work, make sure to cite them properly. Doing so will make sure you don't run into problems in the future.
Find A Lancaster Copyright Litigation Attorney in California
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You can contact us through our 24/7 Live Chat (or complete our submission form) for a free initial case review.
