I believe someone ripped off my copyrighted work. What can I do about this copyright infringement?
I believe someone ripped off my copyrighted work. What can I do about this copyright infringment?
→ Read MoreCopyright Violations & Infringement
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What was the Napster case about and what does the outcome mean?
Today’s Napster is not what it used to be. Prior to 2001, Napster was a free download application where music MP3’s could be downloaded, uploaded, and traded free of charge. The idea behind it was that people had a right to share their music with others and Napster was simply providing a means of doing just that. The federal copyright code details specific exclusive rights given to musicians for their works.
→ Read MoreWhat remedies are available for infringement of intellectual property rights?
This article discusses the various remedies that a person may be entitled to in the event their intellectual property is infringed upon. Intellectual property infringement can be a violation of a trademark, copyright or patent.
→ Read MoreFrom what point in time does the copyright statute of limitations begin to run?
There are two distinct statutes of limitations listed under modern copyright law—criminal proceedings and civil actions. In civil actions under copyright law, the copyright statute of limitations tolls, or begins running, when the copyright infringement is discovered.
→ Read MoreWhat arguments may be advanced to defend a claim of copyright infringement?
Arguments, or defenses in copyright claims cases, are used by the party in a case being sued to either reduce or eliminate the suing party’s case. In copyright law there is a specifically set forth list of acceptable defenses ranging from independent creation to statute of limitations.
→ Read MoreWhat is “fair use” in intellectual property law?
Fair Use is a defense to a claim of copyright infringement. This means that if you were to use a work and you thought your use was “fair use”, you would have to be sued for infringement and assert that defense. You or your attorney stating this belief would not prevent you from having to prove this defense in court as part of a copyright infringement claim.
→ Read MoreWhat remedies are available for copyright infringement?
In a copyright infringement case, you may get actual damages, which is the amount of money from lost business, or the amount the infringer gained, meaning, what he or she made from your work. You may also be entitled to statutory amounts and attorneys fees if you registered the copyright within 90 days of publication.
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