Copyright Attorney Beverly Hills

Copyright Law

Basics of Copyright Law

Copyright protection under U.S. law applies to original works of authorship once they are fixed in a tangible medium of expression. The protection is available for published and unpublished works alike, including but not limited to:

• literary works and books;
• poems and lyrics;
• paintings, illustrations, and other artwork;
• songs and sound recordings;
• motion pictures and television programs;
• photography;
• choreographic works;
• computer software;
• website content;
• digital and multimedia works;
• screenplays, teleplays, and treatments.

Copyright does not reach ideas themselves, although California law offers a separate form of protection for ideas in certain situations.

Idea Theft

The distinction between an idea and its expression is fundamental to copyright law, and it has frustrated creators for generations. Copyright protects only the expression. California, however, recognizes a distinct claim when an idea is used without compensating the person who supplied it, a doctrine the California Supreme Court established in 1956 in Desny v. Wilder.

Beverly Hills is home to countless agencies, studios, and production offices where ideas are pitched every day. When a writer or producer presents a treatment, screenplay, or series concept to an executive under circumstances where both parties understand that payment is expected if the idea is used, an implied-in-fact contract can arise. The agreement is never written down; it is inferred from how the parties behaved. Just as a shopper implicitly agrees to pay for goods before leaving the store, the recipient of a pitch implicitly agrees to pay for the idea if they go on to use it.

California courts have more recently required idea theft plaintiffs to prove “substantial similarity” between what they pitched and what the defendant ultimately produced. Unlike the comparable test in copyright infringement, the similarity here can rest on story elements that copyright law would not otherwise protect.

Because taking an idea can eliminate its remaining market value, courts may award damages to make the creator whole. Recoverable damages can include the compensation the creator would have earned under prevailing industry custom, the value of the screen or writing credit that was withheld, and revenue from derivative projects that followed. Note that idea theft claims in California must be filed within two years of the date the resulting work is released to the public.

Copyright Protections

Copyright arises automatically under U.S. law as soon as an original work is fixed in a tangible medium. The owner holds the exclusive right to:

• copy the work;
• distribute, sell, or otherwise transfer the work;
• perform or display the work publicly;
• prepare “derivative” works, such as adaptations, translations, and new interpretations.

Like other forms of property, copyrights can be sold, licensed, assigned, or gifted.

What Is Not Protected

Copyright has limits. Beyond excluding the ideas that underlie a work, it does not protect:

• discoveries,
• data and facts,
• methods of operation, and
• processes.

As explained above, ideas may nevertheless be protected under California state law.

Copyright Registration

Registration is optional, but any creator who publishes or commercially distributes an original work should strongly consider it, especially if there is any chance the work will be copied or misused.

The benefits of registering are substantial:

• Registration allows the owner to bring an infringement action in federal court, seek damages, and potentially obtain an order stopping the infringing use; and
• A registered owner may recover statutory damages and attorney fees for infringements that begin after registration, or for earlier infringements if the work is registered within three months of publication.

Registering Your Work With the Help of Copyright Attorneys

Our Beverly Hills copyright attorneys can help you register your work with the U.S. Copyright Office and advise you on how to position it for the fullest protection the law allows.

Length of Copyright Protection

Copyright protection endures for decades, but the precise term turns on when the work was created and under what circumstances.

• Pre-1978 works: A 28-year initial term followed by a 67-year renewal term.
• Works from 1978 onward: The life of the author plus 70 years.
• Works made for hire: 95 years from publication or 120 years from creation, whichever period ends first.

After the term expires, the work enters the “public domain” and becomes free for anyone to use.

Copyright Infringement

Infringement takes place when someone copies your protected work. To prove it, you generally must show that the other party had “access” to your work and that their work is “substantially similar” to yours. If someone who had access to your work creates or exploits something identical or substantially similar, you have a claim.

Where the work is registered, you can file suit in federal court right away and begin building your case. Copyright litigation arising in Beverly Hills is handled in the U.S. District Court for the Central District of California, where our attorneys have decades of combined experience and have faced off against some of the most powerful studios, labels, and networks in the industry.

If you suspect someone is infringing your work, do not wait to get advice. The longer infringement continues unchallenged, the greater the risk that accrued damages become unrecoverable.

In the right circumstances, an idea theft claim may also be brought in California state court, provided the party who used the idea is one you submitted it to, the action is filed within two years of first publication, and the remaining requirements are satisfied.

Your attorney may also advise starting with a cease and desist letter warning the infringer that litigation will follow if the conduct continues. Occasionally that is enough to resolve the matter, though in many cases significant harm has already been done by the time the letter goes out.

Our Beverly Hills Copyright Attorneys Are Experienced in Copyright Litigation

If a demand letter is ignored or settlement talks fail, filing a copyright infringement lawsuit is how you enforce your rights. Lowe & Associates has litigated copyright disputes for years, and our attorneys always look for a path to resolution that avoids the cost and uncertainty of trial.

When litigation is the only way to protect your rights, however, we will file in federal court and pursue the case with full force.

Examples of Copyright Infringement in the Entertainment Industry

Copyright infringement is any unauthorized use of protected content, and it does not require a word-for-word or note-for-note copy. What matters is “substantial similarity”: if two works are substantially similar, infringement may have occurred.

In the entertainment industry, infringement commonly takes forms such as:

• Sampling another artist’s recording in a new song without clearing the necessary rights.
• Using a musician’s track in a film or television episode without a synchronization license.
• Streaming platforms making films or series available without acquiring distribution rights.
• Releasing a novel that closely follows the plot and characters of a copyrighted work.
• Presenting live performances of copyrighted plays or musicals without performance licenses.
• Featuring photographs in promotional campaigns or on digital platforms without authorization.
• Reproducing original artwork or illustrations in films, series, or album packaging.
• Designing film or television characters that closely resemble copyrighted toys.
• Incorporating a competitor’s proprietary code into a video game.

Copyright Disputes and Defenses

The rise of digital media has multiplied the ways copyright can be violated, and infringement accusations are more frequent than ever. If you are on the receiving end of such a claim, the first step is to consult an intellectual property lawyer who concentrates on copyright law in Beverly Hills.

Your attorney will review the facts, advise you on your options, and represent you in negotiations or in court as the situation requires.

Several defenses may be available to a party accused of copyright infringement, depending on the circumstances:

• The Fair Use Doctrine weighs the purpose of the use against its effect on the market for the original and often protects commentary, criticism, and parody.
• Independent Creation shows that your work was created without any exposure to the work you are accused of copying.
• An Implied License or Express Authorization, backed by written or documented permission, can defeat the claim.
• De Minimis Use contends that the portion used is too small to amount to infringement.
• Misidentification of Material applies when the accuser has confused your content with something else or does not actually hold rights in the work.
• Challenging Copyright Validity attacks the claim by disputing whether the accuser owns a valid copyright at all.

Infringement allegations should never be brushed aside. In an industry built on reputation, even an unfounded accusation can do lasting damage. Our Beverly Hills copyright attorneys at Lowe & Associates bring deep knowledge of copyright law to the defense of both our clients’ work and their good name. Contact our firm to get started.

Legal Remedies in Copyright Cases

A prevailing copyright plaintiff may be entitled to a range of remedies, including:

• an injunction barring any further use of the infringing material;
• an order requiring that infringing copies be impounded or destroyed;
• damages for lost profits, lost future exploitation, and disgorgement of the infringer’s profits;
• “actual damages,” including lost licensing revenue;
• statutory damages of $750 to $30,000 per infringed work, rising to as much as $150,000 per work where the infringement is willful;
• reimbursement of litigation costs and attorney fees.

DMCA Claims in the Entertainment Industry

The Digital Millennium Copyright Act (DMCA) governs copyright in the online environment, and few industries feel its impact more than entertainment, where content is shared and reposted constantly. A DMCA claim usually begins when a rights holder spots infringing material online and issues a “takedown notice” to the platform hosting it.

Components of DMCA Claims

• Takedown Notices: A rights holder’s formal request that a service provider remove allegedly infringing content.
• Counter-Notices: The uploader’s formal response challenging the takedown.
• Safe Harbor Provisions: Rules that protect online service providers from liability so long as they comply with valid takedown requests.

The DMCA is an important tool for creators, but it is also frequently misused. Working through a DMCA dispute correctly often requires an intellectual property attorney who focuses on copyright. Our lawyers are available to discuss DMCA claims and any other copyright question you may have. Contact our Beverly Hills, California office to speak with an attorney.

Responding to DMCA Claims With the Help of a Copyright Attorney

A DMCA takedown can disrupt a release, a campaign, or an entire career. If you receive one, it is essential to determine whether the notice is valid and to respond within the required timeframe. Fair use and other defenses frequently apply. Because DMCA disputes are technical and time-sensitive, we recommend involving an intellectual property attorney early. Our lawyers have the copyright experience to help you respond strategically.