Copyright Enforcement & Intellectual Property Defense Attorney

What does a Copyright Litigation and Defense Attorney do?

Although a copyright lawyer handles the federal copyright infringement cases, however, the bulk of the work is done before it reaches the courtroom. The role of the copyright attorney includes drafting contracts, researching, investigating potential infringers, and filing the appropriate paperwork on behalf of the client to enforce his or her intellectual property. 

If you need a copyright defence lawyer to defend against an infringement case, or if you wish to seek legal advice to defend yourself from a copyright claim, Drishti Law is your best stop. 

Our principal copyright attorney has handled numerous large copyright cases, both inside and outside the courts. He has represented individuals and companies who wish to enforce their copyright claims against infringers or want to acquire protection when they have been accused of infringement.

Sending Copyright Infringement Notices to Infringers  

A copyright infringement notice generally informs the recipient that they are infringing upon the sender’s valid copyrighted work. The notice essentially demands that the recipient cease their infringing activities immediately. They are also called cease and desist letters, which are meant to threaten legal action (including the possibility of suing the recipient) if the sender’s demands are not met. 

The notice may be completely valid, or the sender may be making a very broad or questionable interpretation of copyright law. Regardless of whether the alleged infringement is valid or not, you should not ignore these letters. You should act promptly by assessing your potential risk of litigation.

At Drishti Law, our copyright lawyers will examine the facts and determine whether the notice or the infringement claims are valid. We help clients navigate the right course of action and defend clients from infringement claims by way of negotiations, settlements, or, as a last resort, taking the case to litigation.

Copyright Infringement Defence Claims

Our principal copyright lawyer has gained considerable experience over his years of practice, which enables him to defend clients against copyright infringement allegations. At Drishti Law, we carefully examine the facts of each case and explore the various defences available under the Copyright Act to protect our clients’ interests.

Some common copyright infringement defences include:

• Making your case that the use was arguably done under the fair use doctrine.
• Being able to demonstrate that the accused work was created independently and was not copied from the original creation.
• Proving that the defendant had no reason to believe that the work was protected by copyright.
• Proving that the use was licensed under a valid license agreement which could change liability from the user to the licensor.
• Arguing that the copyright owner has not enforced its rights, therefore, abandoned any protection it had with the original work.
• Arguing that the copyright holder has acted outside of the scope of its rights, in a manner that violates public policy.
• Making the argument that the claim is barred by the statute of limitations, as copyright infringement lawsuits generally must be filed within three years of discovery.

We work with clients to develop a case-specific defence strategy, whether such discussions lead to settlement or apprise the client as to possible litigation and court advocacy.