Pleasanton Copyright Infringement Lawyers 

Knowledgeable business attorneys protect your rights in IP disputes

Copyrighted material can be used by other people and companies for limited purposes, as long as the owner’s rights are stated and not infringed upon. Copyright infringement can occur inadvertently or even deliberately. At Garcia & Gurney, A Law Corporation in Pleasanton, our lawyers represent clients on either side of copyright infringement disputes. We are adept at resolving conflicts in a timely manner, whether upholding copyright owners’ rights or limiting alleged infringers’ exposure to damages. 

What Is copyright infringement?

Copyright infringement is the unauthorized use of copyrighted material, such as:

  • Articles online or in print
  • Poems and song lyrics
  • Literature
  • Artwork
  • Photographic images, films, and videos
  • Music
  • Choreography
  • Computer software

Infringement devalues copyright owners’ work and denies them proper compensation. Parties on either side of a dispute should immediately speak with an experienced copyright lawyer. 

How businesses frequently commit copyright infringement

Businesses or individuals rarely intend to commit copyright infringement, but costly mistakes can arise from such mistakes as:

  • Assuming public domain — When copyrights expire, works move into the public domain, so anyone can use them. But “old” works can still have active copyrights. 
  • Assuming a work is unprotected — A photo on the Internet, even without a copyright warning, isn’t necessarily up for grabs. You’re safer using a stock image/video/music supplier that licenses those works for commercial use.
  • Thinking it’s permissible to “use a snippet” — The days of artists “sampling” music and lyrics without a license are over. If the portion you use is recognizable as belonging to a copyrighted work, you need permission.
  • Mistaking the rights granted via the license — A license for one-time, personal use is not the same as a commercial use license. Make sure you obtain a license of the work for your precise purpose.

Outright plagiarism also happens. To prevent acts of infringement, companies must train their employees and maintain clear policies.

Legal protections under copyright law

Creators have rights at common law, allowing them to sue for actual losses suffered due to infringement. But actual losses are difficult to prove. For this reason, Congress granted statutory protections under the U.S. Copyright Act, allowing plaintiffs to recover amounts for:

  • “Innocent” (unintentional) infringement — $750 or more per infringed work. (Courts can reduce the award to $200 if the work did not contain a proper copyright warning.)
  • Willful infringement — Up to $150,000 per infringed-upon work.

These damages apply only to works which the creator has registered with the US Copyright Office. All other creators must prove actual damages.

Defending against copyright infringement claims

Defendants often have viable defenses to alleged infringement, such as:

  • Fair use — This means use of a work for a qualified purpose, such as criticism, commentary, news reporting, teaching, scholarship or research.
  • Lack of originality — A creator cannot claim copyright for a derivative work.
  • Statute of limitations — A copyright owner must file a lawsuit within three years.
  • Abandonment — The creator’s failure to enforce a copyright may indicate an intention to abandon the copyright for the work.

The defendant’s worst-case scenario is where the creator has registered the work and is therefore eligible for statutory damages. In such instances, the defendant can try to negotiate a licensing agreement, sparing both sides the expense and inconvenience of a trial. 

Contact our Pleasanton business lawyers for your copyright dispute

Garcia & Gurney, A Law Corporation in Pleasanton represents plaintiffs and defendants in copyright infringement actions throughout California. Call 925-468-0400 or contact us online to schedule a consultation.