Stop copycats. Collect Money.
Copyright Infringement Litigation
Your original works are valuable.
And while copying may be a form of flattery, when it cuts into the bottom line, action is required.
Copyright litigation is required when bad actors repeatedly steal original content in order to drive traffic and revenue to their own content or stores. And there are certain steps owners can take to best position themselves to not only stop infringement, but to also collect money from copyright infringement defendants.
Copyright Litigation Experience
Six Figure Settlement - Software Development
Revision Legal represented a software company that was entitled to a percentage of profits associated with the sale of software. When those profits were not paid, Revision Legal filed suit. After discovery, Revision Legal negotiated a six-figure settlement in favor of its client.
Five Figure Settlement - Online Retailer – Copyright
Revision Legal represented an online retailer that found a regional big-box store using an image substantially similar to its copyrighted logo. After sending a demand letter, Revision Legal negotiated a favorable settlement within a matter of days.
Five Figure Settlement - Video Game Developer – Copyright
A group of developers created a hit video game, but never had organizational documents in place. A dispute arose and two developers sought to freeze out our client. Through our enforcement actions, we obtained a favorable five figure settlement in a matter of days.
Ecommerce
Represented several ecommerce store owners combatting online infringement of product pictures/videos, listing page copy, sales funnel copy and organization, and copycat websites.
Database
Defended database owner in seven years of copyright and trade secret litigation regarding the creation of a database maintaining royalty rates for specific types of intellectual property. Revision Legal attorneys obtained a complete and total dismissal of all claims.
Course Creators
Represented online course creator against bad actor that improperly gained access to his website, proprietary materials, and mailing list.
Authors
Represented multiple authors of children books and specialized educational materials against rampant copying.
We recommend rights holders pursue copyright litigation when it’s absolutely necessary
Given the time, expense, and energy that goes into these cases, it is not something to enter into lightly. But, when serious problems persist, litigation can be the answer.
Revision Legal has substantial experience litigating copyright infringement lawsuits. We understand where is a smart use of your resources to reach your goal. We view litigation as an investment into your business and work toward a business-oriented result.
What are copyright rights?
A rights owner possesses valid copyright rights the moment an original work is fixed in a tangible medium. That means the moment a picture is taken, a book is written, a song is recorded, or computer code is written, the author of that work owns copyright rights in the work. And that means the author is the only person that can reproduce, distribute, perform, display, transmit, or prepare a derivative work based on the original work.
What is copyright infringement?
Copyright infringement is when there is an unauthorized use of a copyright. For example, the use of a specific song, picture, video, computer code, or written copy without authorization can constitute copyright infringement.
What is the test for copyright infringement?
In very general terms, the common test to determine whether copyright infringement exists is called the “substantial similarity” test. In its simplest form, this test whether an ordinary observer would determine there is a “substantial similarity” between the two works. Of course, the test is subject to many defenses and is more complex; however, whether there is “substantial similarity” is always the first question to ask.
Does copyright protect ideas?
No. Copyright does not protect ideas. The work (song, book, video, etc) must actually exist.
Do I need a registered copyright?
No, but you should. Registration of a copyright brings several important benefits. Most importantly, and in general terms, you are not permitted to file a lawsuit for copyright infringement unless you have a trademark registration. Further, it provides the ability to receive enhanced damages in a lawsuit.
What damages are available for copyright infringement?
It depends on the timing. In general terms, if your copyright registration predates the infringement, then you can collect statutory damages of up to $150,000 per work infringed. But, on the other hand, if the infringement occurred prior to your registration, you are limited to “actual damages,” being the plaintiff’s losses and the defendant’s losses.
Take Action
Free Copyright Infringement Evaluation
If you are facing copyright infringement, big or small, contact Revision Legal for a free evaluation of your copyright infringement case.
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