CAN YOU SUE FOR INFRINGEMENT IF SOMEONE STOLE YOUR COPYRIGHTED WORK?

Copyright Infringement

Understanding Copyright Protection

The copyright law aids in protecting the rights of authors, poets, painters, and video markers, etc., with regard to their original works. In order to qualify for copyright protection, your work has to be "fixed in a tangible medium of expression." Meaning, your work must exist in a physical form for a certain amount of time, regardless of how brief. Virtually, any form of expression can qualify as a tangible medium.

Also, to be noted, your work has to be original. This means that you have independently created it on your own. It does not matter if there is a similar creation or could arguably lack quality, ingenuity, or aesthetic merit. As long as the author toils without directly copying someone else's work, your work is protected by copyright.

Lastly, for you to receive copyright protection, your work must be the result of some creative effort. There is no cut-and-dry rule as to how much creativity is required. For example, a work has to be more creative than a list of alphabetical listings of names or numbers rather than a creative listing of such.

Say these conditions are met, you are allowed to register your copyright with the U.S. Copyright Office. This will create the presumption of ownership and grant you the right to sue someone who infringes on your work. The Copyright law gives authors specific exclusive rights to their own work, including the right to reproduce or resell the work.

Copyright Litigation To Fight Infringers

So now that you know what ground you may have, granted through the Copyright Act, you may be wondering what happens if you find that someone has infringed upon your rights? The Copyright Act will allow creators to sue those infringing upon their content. In some instances, you are able to recover significant sums of money.

Keep in mind that you have to file your copyright registration before you can sue someone, but you are able to do this both before and after an infringement occurs. However, lawsuits tend to be more potent if you have previously filed for registration for you try to sue for infringement. There are two reasons for this: The registration gives you the presumption of ownership, and it also entitles a victorious plaintiff to statutory copyright damages. With both of these factors on your side, it is more likely that copyright defendants will settle.

In what ways does litigation work in practice? First, you should speak with a copyright lawyer that is able to advise on the specifics of the procedure. Second, you will need to collect evidence of the infringement. Then, your attorney will compile a document, known as a complaint, to create a formal legal allegation against the defendant.

It's not always easy to win a lawsuit over copyright infringement. It is possible that the defendant may try to assert that you don't own the rights or even that the work is in the public domain. They can also argue that even if you do have a copyright, their work constitutes fair use. All of this means you could protract a court battle over these factual and legal questions. Moreover, even if you do prevail, there isn't a guaranty that the defendant will have the money to pay out the judgment. Therefore, you should try to ensure that if you begin the litigation process, the other party has assets, so you aren't wasting your money.

Additional Copyright Focus 

Alternatives To Filling Suit Over Copyright Infringement