Copyright Litigation
COPYRIGHT LITIGATION ATTORNEYS
We understand the tremendous amount of effort and resources that go into creating content protected by copyright, and the current technological means by which such rights can be easily infringed, especially on the internet. We also understand that not all copyright lawsuits have merit.
We have significant experience helping copyright holders suffering infringement seek to recover their actual damages,statutory damages, and attorney’s fees. We also have significant experience representing those who have been sued for copyright infringement. Our experience representing both plaintiffs and defendants has helped provide us a more complete perspective on copyright litigation tactics.
We are also adept in handling motions for injunctive relief to stop ongoing infringement, such as temporary restraining orders and preliminary injunctions.
Call Lesowitz Gebelin LLP at 310-341-3072 or send us an email to schedule an initial consultation about litigation to protect your rights in copyright infringement litigation.
Lesowitz Gebelin LLP’s Los Angeles copyright litigation attorneys have handled a variety of copyright infringement litigation cases throughout California and the county, addressing infringement issues occurring throughout the world. Our experience in handling online and technology related copyright litigation adds tremendous value to our clients facing infringement on the internet and offline, wherever it may occur. We have honed the skills you need on your side to analyze and attack in your copyright litigation case in federal court.
What is Copyright Infringement?
Copyright law protects creative expression. Neither ideas nor facts may be copyrighted.
The types of materials that may receive copyright protection are extensive. Copyright protection may exist “in original works of authorship fixed in any tangible medium of expression…” 17 U.S.C. § 102(a). The U.S. Copyright Act provides a nonexclusive list of examples of works of authorship that may receive copyright protection. The list includes literary works, written music, lyrics, sound recordings, plays, choreography, pictures, sculptures, movies, audiovisual works, and architectural works.
The amount of originality required for material to receive copyright protection is low. There is no requirement that a work have artistic merit. While facts and ideas can never receive copyright protection, if the facts or ideas are arranged and presented in a sufficiently unique way, there may be a thin level of copyright protection in the arrangement and presentation. As the Ninth Circuit Court of Appeals has stated, “the degree of originality required for copyrightability is minimal.” Ets-Hokin v. Skyy Spirits, Inc., 225 F.3d 1068, 1076 (9th Cir. 2000). In that case, the Ninth Circuit found that a photograph of a bottle of vodka was entitled to copyright protection.
The copyright owner has the exclusive right to make digital or physical copies of the work, to perform the work, to prepare derivative works of the work, and to digitally transmit the work.
Copyright infringement occurs when one of these exclusive rights is violated. For copyright infringement to occur, literal copying is usually not required. The law requires “substantial similarity.” Skidmore v. Led Zeppelin, 952 F.3d 1051, 1064 (9th Cir. 2020) (en banc).
While it is virtually always advisable to register content with the U.S. Copyright Office prior to publication, to obtain legally recognized copyright protection, the creator of the content is not required to have registered it prior to the infringement. While a registration is required prior to filing a lawsuit, the content usually can be registered after the infringement has occurred. The Copyright Office offers expedited registration procedures.
Attack Infringers in Copyright Litigation Cases
Copyright infringement litigation in the United States is almost always conducted in federal courts. Our attorneys at Lesowitz Gebelin LLP have extensive experience litigating copyright infringement issues, especially those connected to online use of copyrighted materials. We recognize the need to act quickly to protect our clients’ rights in online infringement matters and prevent widespread dissemination of infringing content that can harm our clients’ investment in their intellectual property. We are well versed in the tools necessary to take down and stop infringements from spreading across the internet, whether it may be appearing on file-sharing sites, social media, search engine indexes, or other locations.
Contact the copyright litigation attorneys at Lesowitz Gebelin LLP today to discuss how we can help you quickly start your copyright infringement case in federal court and stop infringers right away.
Defending Against Copyright Infringement Suits
Defendants that have been served with a copyright infringement lawsuit in federal court typically have 21 days or less to respond, necessitating the quick engagement of legal counsel. Failure to engage an attorney and respond might result in a costly default judgment. To schedule a confidential consultation, contact our Los Angeles office today at 310-341-3072.
The copyright litigation attorneys at Lesowitz Gebelin LLP have represented user-generated content publishers, Internet Service Providers (ISPs), and other website and application operators seeking to preserve their rights to immunity under the Digital Millennium Copyright Act, 17 USC § 512. We are ready to guide you in your decisions in your copyright infringement case and can help you make the right steps right away in order to protect your rights.
Let Our Wide range of Experience in Copyright Litigation Help You
The copyright litigation attorneys at Lesowitz Gebelin LLP and their broad experience in the area of copyright infringement runs across a wide scope of copyrightable content. From our Los Angeles based office, our attorneys have represented plaintiffs and defendants in a wide range of copyright infringement litigation, including cases involving:
- Television and Movies;
- Video Games;
- Online Marketing Websites;
- Software code;
- Photographs;
- News outlets;
- Education facilities;
- Training manuals;
- Search engines
Our firm is located in Los Angeles, California. We represent clients throughout California, including Beverly Hills, Santa Monica, San Francisco, Silicon Valley, Orange County, Ventura, Riverside, San Bernardino, and San Diego.
Lesowitz Gebelin LLP’s knowledge of internet technologies and experience dealing with evasive or anonymous wrongdoers on the internet enable us to analyze your case and take decisive actions right away before the other side even knows we are on the case. We invite you to contact us about your copyright infringement matter and either submit to us using our online case submission form or by calling us directly at 310-341-3072.