Protecting Creative Works & Defending Against Infringement Claims
Copyright law protects original creative works and gives owners exclusive rights to control how those works are used and monetized. When infringement occurs, or when infringement is alleged, the consequences can be significant, involving financial damages, injunctions, and business disruption. We offer:
- Representation for copyright owners and accused infringers
- Federal copyright litigation experience
- Strategic focus on early resolution and risk control
- Defense against overreaching or improper infringement claims
- Business-minded guidance at every stage of a dispute
What Is Copyright?
Copyright is a form of intellectual property that protects original works of authorship fixed in a tangible medium of expression. A work must be independently created by a human author and possess at least a minimal degree of creativity.
Copyright protection applies to many types of works, including:
- Books, articles, and written content
- Music and sound recordings
- Films, television programs, and videos
- Photographs, illustrations, and visual art
- Software and computer programs
- Architectural designs and technical drawings
Ideas alone are not protected. Copyright attaches once the work is fixed in a medium that allows it to be perceived, reproduced, or communicated.
Rights of Copyright Owners
Under U.S. copyright law, owners have exclusive rights to:
- Reproduce the copyrighted work
- Prepare derivative works
- Distribute copies to the public
- License, lease, or transfer rights
- Publicly perform certain works
- Publicly display certain works
- Transmit sound recordings digitally
Unauthorized use that violates one or more of these rights may constitute infringement.
Duration of Copyright Protection
The length of copyright protection depends on how and when the work was created:
- For works created on or after January 1, 1978, protection lasts for the life of the author plus 70 years
- Joint works last 70 years after the death of the last surviving author
- Works made for hire and anonymous works last 95 years from publication or 120 years from creation, whichever is shorter
Older works may follow different rules, and determining the correct term often requires legal analysis.
Copyright Registration and Enforcement
Copyright protection exists automatically, but registration with the U.S. Copyright Office is required before filing an infringement lawsuit in federal court.
Registration provides:
- Eligibility for statutory damages and attorney’s fees
- A public record of ownership
- A legal presumption of validity
Without registration, enforcement options may be limited.
How Copyright Infringement Disputes Begin
Many copyright disputes start outside the courtroom. Initial enforcement steps often include:
- Cease and desist letters
- Licensing demands
- Requests to remove infringing content
In some cases, disputes arise from misunderstandings, improper licensing, or accidental infringement. Early legal involvement can often resolve issues without litigation.
Common Defenses Raised in Copyright Disputes
Accused parties may assert defenses such as:
- Fair use
- Independent creation
- Lack of substantial similarity
- Invalid copyright ownership
- License or authorization
- Derivative work arguments
Evaluating these defenses requires detailed factual and legal analysis.
The Copyright Litigation Process
When disputes cannot be resolved informally, litigation may be necessary. A federal copyright case typically involves:
- Filing and service of a complaint
- Responsive pleadings and potential counterclaims
- Discovery and evidence exchange
- Motions practice and hearings
- Settlement discussions or trial
While many cases resolve before trial, preparation is critical from the outset.
Strategic Guidance for Plaintiffs and Defendants
Copyright litigation affects more than legal rights. It impacts revenue streams, platform access, reputations, and business continuity. Effective representation focuses on:
- Realistic risk assessment
- Cost-effective dispute resolution
- Protecting operational stability
- Achieving enforceable outcomes
Contact Our Copyright Litigation Attorney
Copyright disputes involve high financial and legal stakes. Whether you are seeking to stop infringement or defending against allegations, experienced legal guidance is essential. The Keleher Appellate Law Group is prepared to evaluate your situation and develop a strategy aligned with your objectives. Contact the firm today to discuss your copyright matter.
FAQs
What qualifies as copyright infringement?
Infringement occurs when protected material is used without authorization in a way that violates the copyright owner’s exclusive rights.
Do I need to register my copyright before suing?
Yes. Registration is required before filing a federal infringement lawsuit.
Can fair use defeat an infringement claim?
In some cases, yes. Fair use depends on several statutory factors and must be evaluated case by case.
Can copyright disputes be settled without court?
Many disputes resolve through negotiation, licensing, or settlement without trial.
The Keleher Appellate Group, LLC, serves clients in Chicago, Denver, St. Louis, and the surrounding areas in Illinois, Indianapolis, Indiana, Missouri, Wisconsin, and Colorado. We also provide our services nationwide and internationally.