Los Angeles Copyright Litigation Attorney

Experienced Los Angeles Copyright Attorneys Help Clients Handle Infringement and Related Copyright Issues

Under US law, the maker of a creative work may register their copyright in that work with the US Copyright Office. Registering a copyright “in a timely manner” – within three months of publication or before infringement occurs – gives the copyright holder access to certain rights and opportunities, such as the ability to bring a lawsuit for copyright infringement.

Copyright infringement is a well-known type of copyright litigation, but it is not the only possible litigation related to copyright. Working with an experienced Los Angeles copyright litigation attorney can help you ensure you protect your legal rights and fight to protect your rights. The team at Cohen IP can help. 

Copyright Infringement

“Copyright” can best be understood as a bundle of rights that all belong to the owner of the copyright. These include the right to distribute a work, to make copies of it, to perform or display it in public, and to create derivative works. 

A copyright holder can “license” some or all of these rights to others. Licenses grant the licensee the right, usually for a limited time, to carry out certain tasks – like making copies of a work, performing it, or making a derivative work. Typically, a license also contains provisions for splitting any profits between the copyright holder and the licensee. 

Some creators, however, aren’t interested in the process of seeking a license. Instead, they decide to distribute, copy, perform, display, or make derivative works without getting the copyright owner’s permission. When this happens, a copyright holder may be able to sue for infringement. 

To establish a copyright infringement claim in a civil lawsuit, the person alleging infringement must prove two elements in court:

• The plaintiff has a valid copyright. Registering a copyright typically acts as presumptive proof that the plaintiff has a valid copyright.
• The defendant infringed on that copyright. Merely owning a valid copyright does not prove that anyone violated one’s exclusive rights in that copyright. The plaintiff must also prove that the defendant infringed on the copyright in some way.

In the 2019 case of Fourth Estate v. Wall-Street.com, the United States Supreme Court resolved the prior circuit split. The Court affirmed that antecedent to initiating a lawsuit, copyright registration is required—and the actual registration transpires only upon registration by the Copyright Office. Following registration, the copyright holder is entitled to reparation for both pre and post-registration infringements. Under specific conditions, copyright holders may file a claim for infringement by securing a preregistration from the Copyright Office, especially if the work is deemed vulnerable to pre-distribution infringement, such as in the case of a cinematic production or a musical composition. However, immediate registration is obligatory subsequent to either publication or an occurrence of infringement. It is noteworthy that a copyright owner is empowered to institute legal proceedings for the infringement of a live broadcast even in the absence of prior registration, although registration must be effectuated within a three-month window from the initial transmission of the work.

A problem with the outcome of the case is the delay in waiting for copyright registration prior to filing suit, which in some cases may take a long time.  However, the Copyright Office offers an expedited filing for additional fees. 

Some forms of infringement are easier to establish than others. For instance, demonstrating that a defendant displayed a film without permission, passed off a photograph as their own, or offered a pirated edition of a book for sale online is often straightforward. 

Other forms of infringement can be more challenging to prove. These include addressing “derivative works,” or works based on a protected work. In these cases, the plaintiff and their attorney must show that the derivative work is substantially similar to the protected work. Showing that the defendant had access to the protected work before creating their own can help bolster such a claim. 

The owner of a creative work must meet certain requirements to litigate for infringement, however. For instance, the owner must register their copyright either within three months of publication or before the first instance of infringement occurs. 

Unfair Competition

Unfair competition occurs when a business suffers economic injury due to deceptive business practices carried out by another business. Unfair competition and unfair trade practices are broad categories, covering issues of trademark, patent, trade secrets, and other forms of intellectual property law – including copyright.

Copyright infringement can become unfair competition if, for example, a competitor passes your protected works off as their own, sells unauthorized copies of your works, or makes unauthorized derivative works based on your work. 

Unfair competition is typically governed by state law, including common law in the states. Some states use a version of the Uniform Deceptive Trade Practices Act. Federal law applies in some intellectual property situations, however, including copyright, trademark, and false advertising. 

In these cases, an injured party may have a claim for infringement, unfair competition, or both. The interaction between these claims can be complex. Working with an experienced attorney is essential to ensure your copyright remains fully protected. 

Preventing and Addressing Infringement

Registering a copyright promptly can help prevent and address infringement issues. Registered copyrights appear in the US Copyright Office database, which is searchable. Merely knowing that your work exists and has a registered copyright can help other creators avoid infringing on that work. 

Registering a copyright also allows a copyright holder to bring litigation if infringement occurs. In litigation, the holder of a registered copyright can seek statutory as well as actual damages. If the registered copyright owner succeeds, they may also seek attorney’s fees from the defendant. 

To learn more about copyright litigation, talk to the experienced Los Angeles copyright lawsuit lawyers at Cohen IP today.