Los Angeles Copyright Infringement Defense Lawyers
Intellectual Property and Copyright Infringement
Copyright infringement is a common issue faced by businesses in Los Angeles. The law on these matters is constantly evolving, and it can be difficult to keep up with the changes.
Intellectual property refers to any kind of creative expression that has been put into tangible form. Examples of intellectual property include art, music, literature, software code, fashion, architecture, logos, and more.
Issues involving intellectual property and copyright laws are very complex. If you’ve been charged with copyright infringement, contact a Los Angeles white collar crime attorney at Werksman Jackson & Quinn LLP and we can advise you of your rights and the best course of action to take. We can also represent you in criminal proceedings.
Call (213) 688-0460 to learn more today.
What Is Copyright Infringement?
Copyright infringement is the use of copyright-protected works without permission. This may include the use, reproduction, publication, performance, or display of someone else's work. Copyright infringement may occur in any type of media, such as books, newspapers, periodicals, radio or television broadcasts, live performances, podcasts, on the internet, or on social media.
If you publish substantial portions of another person’s work, with or without attribution, you may be guilty of copyright infringement. Plagiarism is trying to pass off someone else’s work as your own.
Copying someone else’s work such as a motion picture and profiting by selling it in any form is called piracy, which may result in civil or criminal prosecution.
Examples of works that are subject to copyright protection include:
- Print media
- Sound recordings
- Digital media
- Software code
- Clothing and apparel
- Video games
- Works of art
- Movies and television shows
- Website content
Proving Copyright Infringement
To prevail in a copyright infringement case, the accuser must demonstrate two things – ownership of the work in question and proof that it was copied. It’s possible for the defendant to argue that similarities between the two works are simply coincidental.
Copyright infringement can only occur when the following conditions apply:
- The plaintiff owns a valid copyright for the work in question.
- There is substantial similarity between the two works.
- The defendant had access to the original work.
- The defendant was not authorized to copy the work.
Legal Defenses Against Copyright Infringement
There are several legal defenses that can be successfully deployed to refute charges of copyright infringement, including:
- The plaintiff does not have a valid license for the property.
- The defendant has secured the right to use the property.
- The copyright has expired, and the work is now part of the public domain.
- Limited portions of the work were used, which is permissible under fair use laws.
- The defendant inadvertently copied work that they meant to paraphrase.
Were You Accused of Copyright Infringement?
At Werksman Jackson & Quinn LLP, our nationally recognized trial attorneys have successfully defended clients in several cases involving copyright infringement and intellectual property law. We understand how nuances in the law can be used to protect clients from prosecution.
Give us a call today at (213) 688-0460 to schedule your consultation. We never stop fighting for our clients at Werksman Jackson & Quinn LLP.
Contact Werksman Jackson & Quinn LLP Today
Phone: (213) 688-0460
Fax: (213) 624-1942
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.