DEFENDING YOUR COPYRIGHT 

Copyright Protection and Litigation Attorneys in Texas

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 the copyright doesn't need to be registered for an infringement to have occurred (although the copyright must 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 and criminal law to establish your right to the copyright affirmatively, and to advise you as to what remedies to pursue. 

Remedies for Copyright Infringement

Our copyright litigation attorneys have earned a reputation for aggressive and responsive litigation. If you must protect your copyright, the following are examples of your potential remedies in a copyright infringement suit: 

• 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;

• Impoundments 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 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 be impounded. Further, the court may, as part of it's final judgment or decree, order that all infringing copies 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 into 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 several variables but under no circumstances shall be less than $200 or more than $150,000;

• Costs and Attorney's Fees: The court, in its discretion, may award either party recovery of total costs and/or reasonable attorney's fees; and

• Criminal Penalties : Although not strictly a remedy to the copyright holder, one possible course of action that should be considered is bringing criminal charges for willful infringement of the copyright. Such criminal infringement of copyright is punishable, depending on the particular circumstances, by up to 10 years in prison and/or fines of up to $250,000.

Dallas Copyright Litigation Lawyers

Our Dallas copyright litigation attorneys have earned a reputation for aggressive, responsive, efficient, and most importantly, successful copyright litigation. While we are prepared to take every case to trial, we know from our clients' perspective that often, the best litigation is the one that settles in mediation. Our straight forward unbiased guidance can help you avoid litigation whenever possible. However, if needed, our litigators are skilled in negotiation techniques and have a reputation for achieving very favorable results for our clients both in-court and out-of-court.