Copyright infringement: Dealing with copyright violators

Copyright infringement is the act of violating works protected by the copyright law, which constitutes a person’s exclusive ownership in a particular work of art. When a copyrighted work is used without permission, the copyright owner may have the legal recourse to collect damages and receive share of any revenue generated from the infringed material.

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Copyright infringement lawsuits may involve an extremely expensive and lengthy process. Hence, it is crucial to hire an experienced copyright lawyer or a civil litigator to back one’s case. Having a lawyer may also help determine one’s chances of winning and decide whether the case is worth fighting for.

When dealing with copyright infringement, it is also important to have a good evaluation of one’s claim. Reviewing the elements of the Copyright Act, which defines the type of work that is infringed by the violator, ensures that the claim is valid before it reaches the court.

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In addition, one should also review whether the infringement meets a copyright exception. There are some laws, such as fair use, which allow the usage of copyrighted works for certain purposes in certain situations.

Most importantly, one has to determine the goal for instituting the lawsuit. Is it for money? Has it caused the owner damage? Does the owner want the infringer to stop using his or her materials? Asking these questions will help determine the potential success of the copyright infringement.

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Evan Granowitz is an experienced litigator based in Los Angeles, Calif. Get more insights on copyright infringement and other civil cases by visiting this blog.