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Mailing Address
Wilson Legal Group P.C.
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
Telephone: 972-248-8080
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Practice Areas - Copyrights
Copyright Litigation
As with trademarks and patents, copyright litigation is centered on infringement and violation
of the copyright holder's rights. However, copyright litigation can be particularly
complex and involved due to the fact that it is not necessary for the copyright to be registered
for an infringement to have occurred (although it is necessary for the copyright to be registered
before an infringement suit can be initiated, nonetheless the complained of infringement can have
occurred before said registration). Hence, much of a copyright infringement suit can revolve
around establishing and proving one's right to the copyright. Copyright infringement suits
can become further complicated by the criminal charges that can be attached in certain circumstances.
For these reasons, when contemplating a copyright infringement suit, it is important to contact an
attorney with extensive experience in intellectual property law as well as experience in criminal law
to assist you to affirmatively establish your right to the copyright and to advise you as to what
remedies to pursue. Such remedies can include:
- Injunction: As with
other intellectual property infringements, the most common and effective remedy is the imposition
by the Court of an injunction against the offending party preventing further infringement.
Injunctions are operative throughout the United States and are enforceable through contempt
hearings. Such contempt hearings can be advantageous to the copyright owner in that, if the
offending party engages in a new activity that the copyright holder believes infringes upon his
copyright, the copyright holder, rather than having to go to the expense and trouble of initiating
a new infringement suit, may bring a contempt hearing before the Court to determine whether the
offending party has violated the injunction.
- Impoundment and Destruction:
Pursuant to
17 USC §503,
at any time during the pendency of a copyright infringement suit, the Court may order that all copies
and phonorecords that infringe upon the copyright, all articles used for the reproduction of the same,
and the records documenting the manufacture, sale, or receipt of said copies and phonorecords be
impounded. Further, the Court may, as part of it final judgment or decree, order that all copies
and phonorecords found to violate the copyright and the articles used to reproduce the same be destroyed
or otherwise reasonably disposed of.
- Actual Damages and Profits:
The copyright holder in an infringement suit is entitled to recover any actual damages sustained due to the
infringement. The copyright holder is further entitled to recover any profits that the offending
party gained as a result of the infringement and are not factored in the calculation of actual damages.
- Statutory Damages: In the
alternative, a copyright holder may choose, any time before the final judgment, to recover statutory
damages rather than actual damages and profits. The amount of the statutory damages is subject
to the discretion of the Court and depends on a number of variables but under no circumstances shall
be less that $200 or more than $150,000.
- Costs and Attorney's Fees:
The Court in its discretion may award either party recovery of full costs and/or reasonable attorney's
fees.
- Criminal Penalties: Although not strictly a remedy to
the copyright holder, one possible course of action that should be considered is the bringing of criminal
charges for willful infringment of the copyright. Such criminal infringement of a copyright is
punishable, depending on the particular circumstances, by up to 10 years in prison and/or fines of up to
$250,000.
The variety and complexity of remedies available, the issue of potential criminal charges, and the complexity
of establishing copyright ownership all necessitate that you have skilled, talented attorneys to represent you in
your copyright infringement suit. The Wilson Legal Group has over a decade of experience defending and
protecting clients' rights to their intellectual properties. Further, our experience in criminal defense
gives us a special insight to the criminal process that may be involved in your infringement suit and makes us
uniquely qualified to help guide you through the whole process. Our attorneys are driven to give you the
strong, competent representation you need and will work tirelessly to secure the rights and profits you are
entitled to.