Copyright Infringement Attorneys in New York, NY

We are copyright infringement lawyers with 20 years of combined experience. We will explain the basics of copyright law, copyright infringement issues, elements of copyright infringement, and the procedure for prosecuting copyright infringement claims in New York.

Copyright in New York

New York is a hub for creative industries and is home to thousands of authors, musicians, filmmakers, artists, and other copyright holders. Because of this, New York is also home to rampant copyright infringement, both in the real world and online. For creators in New York, understanding copyright law is essential to protecting hard work from theft.

Copyright is automatically granted to the creator or rights holder of a song, novel, film, painting or other creative work that is produced. Copyright gives the creators exclusive rights to reproduce, distribute, publicly display or perform their own work. But copyright matters can be complex, especially when others use parts of a work digitally. Determining what crosses the line into infringement is not always straightforward. Even unintentional misuse can lead to serious legal consequences.

As copyright and copyright infringement lawyers, we guide clients through optionally registering their works, sending takedown notices, and pursuing copyright lawsuits if needed.

The Basics of Copyright Law

Copyright protects original works of authorship that are in a tangible medium, such as literary, musical, dramatic, choreographic, pictorial, graphic, sculptural and audiovisual creations. This gives the copyright owner exclusive rights to reproduce, distribute, publicly display and publicly perform their work.

Copyright attaches automatically as soon as a work is created - for example, as soon as words are written down, code is written, a song is recorded. No registration or other formality is required for basic copyright protection. However, registering with the U.S. Copyright Office provides benefits like the ability to sue infringers and collect statutory damages.

The exclusive rights of the copyright owner are broad. In general, reprinting portions of a book, distributing copies of a song, publicly performing a play or posting copies of an image online without permission constitutes infringement. However, the fair use doctrine provides an important exception allowing unlicensed use for purposes like criticism, commentary, news reporting, teaching and research. Determining if a particular use qualifies as fair use involves a balancing test weighing factors like the purpose, nature and amount used.

Fair Use Doctrine

Fair use is an important defense against copyright infringement claims. It permits unlicensed use of copyrighted material for certain purposes without being considered unlawful infringement.

To determine if a use qualifies as fair, courts examine and weigh four factors:

Purpose and character of the use

Nonprofit, educational uses are more likely to be fair use compared to commercial uses. Also, transformative works that add new expression or meaning tend to favor fair use.

Nature of the copyrighted work

Using factual works is more favorable to fair use than using purely creative works. Published works have a stronger fair use defense than unpublished works.

Amount and substantiality used

Borrowing small portions of a work weighs towards fair use, while using the “heart” of a work does not.

Effect on the market

Uses that supersede the copyright owner’s ability to exploit their work disfavor fair use.

Fair use analysis is very case-specific. Our attorneys thoroughly review the purpose, character, amount taken, and effect on the market to advise clients on strong fair use arguments. We also rely on the latest court decisions regarding permissible uses of copyrighted content.

Copyright Infringement Issues in New York

Copyright law can become complex very quickly. With digital content, issues like linking, embedding, caching, thumbnails and more raise challenging questions. Music sampling is a constant source of controversy. The Blurred Lines verdict against Robin Thicke and Pharrell Williams for infringing Marvin Gaye's song shows the serious risks. Online pirating of music via streaming, downloads and sharing remains rampant as well. Photographers face widespread infringement, with their images copied or shared without permission. Fashion brands must also combat knockoffs and counterfeits of their clothing, bags and accessories. Articles and images from newspapers, magazines and websites are frequently reposted without authorization. This can jeopardize publishers' digital subscriptions and licensing revenue. Physical piracy persists as well. Vendors selling illegal DVDs and other bootleg merch remain a problem on New York streets.

In addition to civil lawsuits, copyright infringement carries criminal penalties. The U.S. Attorney's Office in the Southern District of New York, which covers Manhattan and the Bronx, has federally prosecuted many piracy operations.

With so much at stake, partnering with a knowledgeable New York copyright lawyer is essential. Our firm offers cease and desist letters, litigation services, and counseling to protect your rights. We also defend clients who have been wrongfully accused of infringement. Let us review your situation and craft a strategic response.

How We Enforce Copyright Protection

If someone is violating your copyright, there is a process for enforcing your rights and stopping the violator's activities. Here are the typical steps we guide clients through:

Cease and Desist Letter

We first send a cease and desist letter demanding the infringer to immediately stop their unauthorized use of your copyrighted material. The letter explains the infringement and potential legal consequences.

Civil Lawsuit

If the infringement continues, we file a civil lawsuit in federal court alleging copyright violations and seeking remedies. Remedies include actual damages or statutory damages up to $30,000 per infringed work.

To sue for infringement, copyright owners typically need to register their work prior to filing a lawsuit. Our firm can assist with the registration process when needed.

Injunctions

Courts can also issue injunctions barring further infringement and order the impounding and destruction of all infringing materials. Ongoing royalty payments may be awarded for continuing use.

Collecting Evidence

Strong evidence like forensic computer analyses, screenshots, purchase receipts, and download records help prove infringement occurred. We work with investigators and experts to build a compelling case.

Settlement

Many copyright infringement cases end up settling out of court. While settlement avoids the expense and unpredictability of litigation, it does require compromising on remedies and concessions. Our lawyers advise on the pros and cons of settlement in each case.

In settlement negotiations, we advocate for full remedies available in litigation including stopping the infringing activity, surrendering all infringing materials, providing a public apology, paying actual damages or statutory damages, covering legal costs, and providing attribution to the copyright owner.

Settlements can involve one-time payments or structured deals allowing the use to continue for royalties. In cases of online infringement, we may negotiate automated filtering or takedown procedures.

Trial

If a settlement cannot be reached, we take the case to trial and litigate on our clients’ behalf. Our background in copyright law allows us to argue effectively before judges and juries. In criminal cases, we coordinate with law enforcement to have infringers prosecuted.

For authors, artists, musicians and all creative professionals in New York, understanding copyright protections is crucial. While copyright exists automatically in finished works, having rights violated or being accused of infringement can be devastating. An experienced copyright lawyer levels the playing field.

How Our Copyright Attorneys Can Help

Our firm has successfully handled copyright cases involving music, literature, visual arts, fashion, new media, software, and other works. We provide services like registration assistance, demand letters, litigation, and criminal referrals. Clients throughout New York have relied on our counsel to strategically protect their intellectual property.

Whether you need help enforcing your rights against a perceived infringer or fending off questionable allegations, our lawyers have the expertise to secure favorable outcomes. Should you need legal representation, we at the Law Offices of Albert Goodwin are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].