top of page
  • Curington Law, LLC

Understanding Copyright Infringement Lawsuits



A copyright infringement lawsuit is a legal action taken by a copyright holder (the plaintiff) against another party (the defendant) for using the copyrighted work without permission. When the case goes to court, the plaintiff must prove that the defendant has infringed upon their copyright. This article will provide an overview of what elements make up a successful copyright infringement lawsuit.



The Elements of a Copyright Infringement Lawsuit


To successfully bring a claim of copyright infringement in court, there are several elements that must be met. First, the plaintiff must have valid and enforceable copyrights in order to have standing in court. If such copyrights don’t exist or if they aren’t registered with the U.S. Copyright Office, then any claims will likely fail.

Second, the plaintiff must also prove that they are the rightful owners of the work in question. In some cases, this means proving ownership through chain of title documentation; however, most works won't need this level of proof as long as they are registered with the U.S. Copyright Office and/or can show clear evidence of authorship or creation.


Third, it must be proven that there has been unauthorized use of the copyrighted material by the defendant; i.e., there was no permission granted for use of said work by its rightful owner(s). The plaintiff needs to provide evidence showing where and how their work was copied or used without authorization from them or their representative(s).


Finally, it must be proved that any damages suffered by the plaintiff were caused directly or indirectly by this infringement—that is to say, if not for this particular violation of copyright law, would these damages still have been incurred? It is important to note here that actual damages may not be necessary for a successful lawsuit; instead, statutory damages may be awarded depending on certain factors related to both parties involved in this case and other mitigating factors specific to this situation (e.g., willful intent).


Copyright infringement lawsuits can be complex and difficult to navigate without proper legal guidance and representation. It is important for both plaintiffs and defendants alike to understand all aspects of such claims before taking action as either party in court proceedings pertaining to copyright issues and disputes. By familiarizing oneself with all elements required for a successful claim—such as valid copyrights held by the right party with proof of unauthorized usage causing provable harm—attorneys can more effectively advise their clients on how best to proceed in each unique situation involving potential violations of intellectual property rights under U.S law governing copyrights.  By understanding each element necessary for success in such cases, lawyers can better serve those seeking justice when it comes to protecting creative works from unauthorized use or distribution without due compensation or credit due its rightful owner(s).


For more information and help with copyrights and other intellectual property matters, contact Curington Law, LLC at 312 803-1755 or online.



Comentários


CONTACT
CURINGTON LAW

Your first consultation with us is FREE

Schedule a free consultation with us today by filling out the form below or call us at (312) 803-1755.

Thanks for submitting and trusting us! We will get back to you shortly.

bottom of page