Copyright Lawyer Los Angeles | Copyright Law Attorney

Los Angeles Copyright Lawyers

Our copyright lawyers in Los Angeles are dedicated to protecting your intellectual property. Copyright laws are designed to protect a person’s creative expression.

When another person or business copies your work in whole or in part, there are multiple claims that can be asserted, including a possible claim for copyright infringement.

Our firm can help protect your work and take the appropriate legal action if your original work is infringed upon.

To begin protecting your intellectual property and your original work, contact our firm.

Basics of Copyright Law

Under United States law, copyright protection is afforded to original works fixed in a tangible medium of expression. This covers both published and unpublished works, including but not limited to:

• books;
• poems;
• artwork;
• music;
• movies;
• photographs;
• dance choreography;
• software;
• web pages;
• digital works;
• screenplays and treatments.

While ideas are not protected, California state law provides for the protection of ideas in certain circumstances.

Idea Theft

Copyright law protects the expression of ideas, not the ideas themselves (albeit many authors have struggled with where exactly the line is between the two). However, in California (and other states), there are specific protections against the use of ideas without compensation to the purveyor of the ideas that have been implemented. In California, these protections were first implemented in the famous Desny v. Wilder case in 1956.

In the entertainment industry, an implied contract may arise when an individual pitches ideas, such as a “treatment” or a screenplay, to a producer or studio executive under circumstances in which there is an implied mutual understanding that the idea is presented in exchange for a promise of payment if used. The contract is not “express” but is implied based on the parties’ conduct. Similar to how it is implied that you will pay for items you want before you walk out of a store, idea theft claims imply that the recipient will pay an individual for their ideas if they use them.

Recently, California has begun requiring that a plaintiff in an idea theft claim must show “substantial similarity” between the plaintiff’s idea and the defendant’s project. However, this substantial similarity is different from the kind in copyright infringement cases in that the similarities can be between elements not protected under copyright law.

Because idea theft can result in the destruction of further marketability of the idea, damages can be awarded to remedy the plaintiff’s losses. Damages can include what the original creator should have been paid in accordance with custom and practice in the industry, the value of the credit the plaintiff would have received had they been properly credited, as well as future revenue from possible derivative works. Though it is important to note that the statute of limitations for idea theft claims in California is two years from the date the stolen work is released to the public.

Copyright Protections

Under U.S. law, a copyright is automatic upon the creation of a original work that is fixed in a tangible medium. This provides the creator of the work exclusive rights to:

• make copies of the original work;
• distribute, sell, or transfer the original work;
• perform or display the work publicly;
• make “derivative” works (translations, adaptations, interpretations of the original).

Copyrighted works can be bought, sold, or given away to others.

What Is Not Protected

Not everything that a person can create is protected by copyright law. For example, a copyright does not protect the underlying ideas behind the work, nor:

• discoveries,
• data,
• methods, and
• processes.

However, as previously mentioned ideas are subject to protection under state law.

Copyright Registration

Copyright registration is not required, but is highly recommended when publishing or commercially distributing original works. This is especially true if you intend to protect your work from being stolen and used by others.

There are certain significant advantages acquired by registration, including:

• It permits the owner to institute a federal court action to recover damages and possibly stop others from using the work; and
• A registered owner can seek statutory damages and attorney fees for infringements that occur after the date of registration (assuming registration is accomplished within 3 months of publication).

Registering Your Work With the Help of Copyright Attorneys

To register your original work, and to begin the process of giving it the best copyright protection possible, you can work with our experienced Los Angeles copyright lawyers to receive comprehensive copyright advice and file your registration with the U.S. Copyright Office.

Length of Copyright Protection

The duration of a copyright is lengthy, but the specific period depends on the circumstances of the work’s creation.

• Pre-1978 works: One 28-year term plus an additional term of 67 years.
• 1978 and later: The life of the author plus 70 years.
• Works made for hire: 95 years after the first publication or 120 years after creation, whichever expires first.

Once the copyright expires, the work typically enters the “public domain,” meaning it can be freely used without restriction.

Copyright Infringement

Infringement of copyright occurs when another person copies your work, which can be proved by showing that the another person had “access” to the work and the infringing work is “substantially similar” to your work. When another person who has access to your work creates or otherwise exploits a work that is substantially similar or identical to yours, you have a claim for copyright infringement.

If your copyright is registered, as is recommended, you can immediately file a copyright lawsuit (federal lawsuit) and prepare for litigation to protect your legal rights to the work. Our copyright attorneys in Los Angeles are particularly skilled in the domain of copyright law and have gone against some of the biggest names in the entertainment industry.

If you suspect your creative work is being infringed upon, reach out to our firm as soon as possible as the longer you wait, the more you risk losing the ability to recover damages that have accrued.

Otherwise, under certain circumstances, you can file an idea theft claim in state court, as long as the work is used by someone whom you submitted the work to, the case is filed within two years of the first publication, and other requirements are met.

In certain circumstances, your attorney may want to utilize cease and desist letters designed to warn others that their infringement of your copyright will lead to imminent litigation if they do not stop. Sometimes, this type of letter is all that is needed to stop further infringement but often the damage has already been done.

Our Los Angeles Copyright Lawyers Are Experienced in Copyright Litigation

When the letter is not enough and/or negotiations fail, you can file a copyright infringement lawsuit to enforce your legal rights. At Lowe & Associates, we have years of experience in copyright litigation and our copyright attorneys work hard to resolve your case without the necessity of litigation.

But we will not hesitate to file a federal lawsuit and pursue litigation to aggressively redress your rights in the courts if need be.

Examples of Copyright Infringement in the Entertainment Industry

Unauthorized usage of copyrighted content, even without an exact reproduction, is known as “copyright infringement.” In addition, a critical aspect to consider in infringement cases is the principle of “substantial similarity.” If two pieces of work are substantially similar, infringement of a copyright may have taken place.

Below are some typical examples of copyright infringement within the entertainment industry:

• Using segments of songs from other musicians in new songs without securing the needed licenses, a practice known as music sampling without permission.
• Unauthorized reproduction of a musician’s song in a film or TV show without acquiring the necessary synchronization license.
• Digital platforms streaming movies or series without procuring the requisite distribution rights.
• Publishing a book or novel that closely mirrors the narrative and character development of a work protected by copyright.
• Broadcasting live performances of copyrighted plays or musicals without securing performance licenses.
• Unauthorized use of photographs in promotional material or on streaming platforms.
• Replication of original artwork or illustrations in films, series, or music albums.
• Film or series characters closely resembling copyrighted toy designs.
• The integration of proprietary computer code into a competitor’s video game.

Copyright Disputes and Defenses

With the prominence of digital media today, the scope for potential copyright violations has expanded, and allegations of copyright infringement are becoming more common. If you find yourself facing such allegations, the first step should always be to consult with an intellectual property rights lawyer or attorney who specializes in copyright law in Los Angeles.

Your lawyer can guide you through the specifics of your situation, offer advice, and represent you in any legal proceedings if needed.

When facing accusations of copyright infringement, there are various legal defenses that may be considered depending on the situation:

• The Fair Use Doctrine is a defense that weighs the purpose of use against its market impact, frequently applied to entertainment activities like commentary, criticism, or parody.
• Independent Creation asserts that your work was developed without ever viewing or hearing the challenged work.
• Having an Implied License or Express Authorization, demonstrated by documented permission, can counteract infringement claims.
• De Minimis Use posits that the use of copyrighted material is so minor that it doesn’t qualify as infringement.
• Misidentification of Material can be cited when accusers wrongly identify your content or don’t possess genuine rights to the contested material.
• Challenging Copyright Validity involves disputing claims by challenging the accuser’s copyright ownership.

Allegations of a copyright violation or copyright dispute should be taken seriously. Accusations of copyright infringement can tarnish a career, even if they’re unfounded. As such, our Los Angeles copyright lawyers at Lowe & Associates are experts in copyright law, and are dedicated to protecting the creative works AND reputation of our clients. Contact our firm to get started.

Legal Remedies in Copyright Cases

In copyright infringement cases, there are several different forms of remedies you can seek. These include:

• an injunction against further use of the infringing copyright;
• a court order requiring the destruction or forfeit of anything containing the infringing copyright;
• damages for loss of profits, loss of future exploitation, and disgorgement of infringer’s profits;
• “actual damages” such as lost licensing fees;
• statutory damages anywhere between $750 and $30,000 per infringement, or up to $150,000 per infringement if it is deemed willful;
• an order for payment of the costs of the lawsuit and attorney fees.

DMCA Claims in the Entertainment Industry

The Digital Millennium Copyright Act (DMCA) addresses copyright issues in digital media and the Internet. This copyright amendment is especially relevant to the entertainment sector where online content sharing is prevalent. DMCA claims, also referred to as copyright claims in some contexts, may initiate when a copyright holder perceives online infringement, prompting a “takedown notice” to the hosting service provider.

Components of DMCA Claims

• Takedown Notices: A formal request by copyright holders for the removal of alleged infringing material.
• Counter-Notices: A response if the content provider disputes the takedown’s legitimacy.
• Safe Harbor Provisions: Shield online providers from liability, provided they act upon valid takedown notices.

The DMCA, while protective, faces issues of misuse and overreach. Navigating its intricacies often requires the guidance of intellectual property lawyers who specialize in copyright. Our lawyers are here to answer any questions about such claims and copyright matters. Contact our law office in Los Angeles, California to speak with an attorney today.

Responding to DMCA Claims With the Help of a Copyright Lawyer

DMCA claims can pose significant challenges in the entertainment domain. When you receive a DMCA takedown notice, it’s vital to assess its legitimacy and address it promptly. Often, a valid defense, such as fair use, may be applicable. Due to the complexities of DMCA claims and copyright matters, consulting with a intellectual property attorney is highly recommended. Our attorneys have the experience and intellectual property law expertise to help you address these claims.

Schedule a Consultation

The laws that govern copyright are somewhat complex. However, it is one of the only ways to protect your creative work from illegal copying and to otherwise recover for the investment of time and money you put into creating and producing your work.

An experienced Los Angeles copyright attorney at Lowe & Associates can protect and enforce your copyrights. Contact our firm today for a consultation.