Copyright Assertion

A copyright owner can assert their rights against a copyright defendant in a number of ways.  Sometimes, a copyright infringement case may be filed.  Before filing a case, however, a cease and desist letter may be sent to the applicant.  A new product or launch of a new web site can result in an allegation of copyright infringement, too.  The Digital Millennium Copyright Act (aka, the “DMCA”) allows “take down” procedures that can inexpensively be used with some internet sites.

Copyright infringement allegations can be very serious.  A prevailing copyright plaintiff may receive the copyright owner’s actual damages and any additional profits of the infringer the defendant’s profits.  Further, and injunction may be issued, and attorney fees may be awarded.  In some circumstances, the plaintiff may elect to have “statutory damages” assessed, which can be severe.  Even further, the statute allows for multiplication of the damages and in some cases, there can be criminal penalties.

Whether you are asserting a copyright or defending against another’s allegations, Arnold & Knobloch’s attorneys have the experience that allows them to recognize the complex nature of copyright matters.  Contact us to learn how we can help your organization.