The creator of a work of art has a group of exclusive rights.Copyright protects the creators intellectual property in order to encourage creativity and invention.Damages can be based on the loss of sales or the theft of the copyrighted work, known as an injunctive relief.As the internet has opened up access to a lot of information, it has also made it easier for people to commit piracy.There is a technical and cumbersome process that must be handled with care and skill.
Step 1: You should confirm that your work is original.
The hurdle is low.The work only needs to have some creative spark, no matter how crude, humble, or obvious it is.
Step 2: Make sure that the work is eligible for copyright protection.
Work that can be fixed in a tangible medium is covered by Copyright protection.Section 102 of the Copyright Act defines the types of works that are eligible.
Step 3: You need to register for your rights.
You don't have to register your work to have a valid copyright.You need to register your work in order to start a lawsuit.The US government's eCO portal takes 8 months to register a copyright.There are other benefits to registration.If you have a registration, you can only recover statutory damages.If you paid the $35 fee to register your creations with the US Copyright Office, you should be able to file a lawsuit.
Step 4: You did not give permission to use.
If you give another person permission to use the work, the claim will be defeated.You could have sold or licensed the work.The person who hired you usually owns the work.You can see your employment contract.
Step 5: Evidence of violation should be gathered.
You can get examples from the web or collect printed materials.Documentation will be needed at the trial.
Step 6: Establish access.
You have to prove that the defendant had access to your work in order to defeat the defense.Admission is one of the ways you can prove access.The person may have admitted to seeing or hearing your work.Eyewitness testimony.Someone may have observed your work.Wide dissemination.It is easy to show that the alleged infringer could have found your work by going to a certain website for works available on the internet.If you have never published or performed your work for others, access can become an issue.You will need to be able to show that someone gained access to your copyrighted work.
Step 7: The dates should be noted.
You have three years to bring a suit.
Step 8: There was a document loss of income.
Take the time to document how far your income has fallen if your work has cost you money.Bank statements and invoices can be saved.Document the fact that the product has cost you a job.
Step 9: Hire an experienced lawyer.
It can take a long time to file a copyright lawsuit.Knowledge of the legal system and copyright law is required.A copyright lawyer will be able to determine your chances of winning and help you decide if a lawsuit is worth it.Copyright lawyers can cost a lot.Fees are determined by the complexity of the case, the number of hours the lawyer works, and court-related fees.The process may be extended if the party is well-funded and also hires lawyers.You can find an attorney admitted to practice in federal court.The federal courts are where lawsuits are brought.If you attempt to file a lawsuit yourself, spending some money upfront to hire a good lawyer to evaluate your claim may save you a lot of time and money.Some lawyers will only collect fees at the end of the case if they take your case on a contingency basis.
Step 10: Do you know if a copyright exception applies?
Fair use allows an unauthorized party to make use of another's copyrighted work for certain purposes.There are several factors that a court will look at to determine fair use.The purpose of the infringing use, the nature of copyrighted work, how much of it was used, and whether the market for the work was affected by the violation are all factors.It is acceptable to quote material for criticism or commentary.Fair use defense is more likely to be supported by copying from factual materials.Fair use is less likely to be claimed if the portion copied is greater.There is no bright line test.Fair use was defeated when the copied amount varied from 8 percent to 30 percent.The fair use exception will not apply if a work is intended to replace the original in the market.A parody is unlikely to replace an original.
Step 11: Evaluate your goals for the lawsuit.
There are a lot of different remedies for copyright violation.You should understand what you hope the lawsuit will accomplish.Money damages can be sought.Statutory damage may be actual.Statutory damages can range from $750 to $30,000.According to your actual loss of income, actual damages will be proved.The court can award attorney's fees to the winning party.You can get an injunction.An injunction is a legal order to stop a person from doing something.The person who violates the injunction will have to pay damages and civil penalties.All of the articles can be taken away.You can destroy them if you want.
Step 12: Make sure your complaint is received in a timely manner.
There is a three year time limit on when you can file for a copyright violation.If you have waited too long, your case won't be considered.
Step 13: It's a good idea to file a complaint.
In federal district court, your attorney should file a complaint.A short and plain statement of the claim is what the complaint needs.The facts of your case should be set out in the complaint.It should tell you how the defendants broke the law and how you can get relief or an injunction to stop them.The United States Courts website has sample complaints.
Step 14: The defendant should be served with the complaint.
If the defendants lives far from you, you should hire a process server.The process server can be found online.Costs can be as low as $20 to as high as $100.
Step 15: It's a good idea to conduct discovery.
If documents in the control of the other party are relevant to the lawsuit, each party has the right to request them.It is important that you use discovery to uncover the access the defendants have to your work.You can conduct depositions of witnesses.A deposition is an examination of a witness under oath.At trial, deposition testimony may be used.
Step 16: Consider the use of mediation.
Judges encourage people to resolve their issues outside of court.mediation may be helpful to you.The court clerk can give you information on a mediation.A mediation costs around $300 an hour.Unless you have an attorney, mediation isn't available.
Step 17: A settlement is offered.
Even if you win, a trial will be expensive.You can offer a settlement to the accused in order to avoid a court trial.It is possible that avoiding the expense and headaches is worth the price of the settlement to the accused.
Step 18: Proceed to the trial.
Prepare to go to trial if mediation or settlement is unavailable.Your attorney will discuss trial strategy with you.Each side calls witnesses at the trial.You would go first if you were the one bringing the suit.Prepare to be called as a witness.The defendants will argue that your work is not original.A settlement in the middle of a trial is an excellent trial strategy.If the case isn't going well, he may be willing to settle to avoid large sums of money.