Copyright Litigation

To establish that copyright infringement has occurred, you need to establish

Ownership: Copying may be proved by showing that a party had access to the work or that the accused work is substantially similar to the registered work.

Validity: Common defenses to copyright infringement include Fair Use, Abandonment, Fraud, Estoppel, Laches, and other equitable defenses.

Copying: Other less common defenses include First Amendment, Independent Creation, Misuse, Implied License, and the First Sale Doctrine.

Ican represent clients in copyright litigation.
Copyright litigation can be the result of a dispute between a copyright owner and an accused infringer. Often, the parties will try to resolve their dispute through the negotiation of license.

In the event that the parties do not reach an agreement, one of the parties may decide to file a lawsuit to resolve the dispute. Most, if not all, parties to a lawsuit hire attorneys to represent them in the suit.

Copyright lawsuits can be filed in federal court, but only after the copyright owner has registered his or her copyright with the United States Copyright Office.