Dallas - Fort Worth Copyright Infringement Attorney
Copyright provides the creator or owner of a creative work with absolute ownership, including the right to reproduce, distribute, perform or display a work, or to permit others to do the same. When copyright infringement or unauthorized party’s copy in part or in full, perform, display or distribute a protected work without permission, the copyright owner is entitled to seek royalties and other damages in court.
While some instances of copyright infringement are clear-cut and can result in treble damages in court, other cases – quite a few, actually - are fuzzier. The “offending” party may claim that no infringement occurred because of the “fair use” doctrine, which allows for use of copyrighted material in a limited and/or transformative manner. One is legally allowed to:
- Comment on or criticize a work (but deriving a new work from an existing work, which happens so often in jazz music, can be problematic)
- Parody a work (but satirizing a work could be problematic)
- Excerpt a small portion of a work (exactly how much or how little is open to interpretation) with proper attribution, as you might see in a news story or a scholarly article
As you can see, there are a lot of exceptions and exemptions, which makes proving copyright infringement difficult.
Arlington copyright infringement attorney Warren Norred has represented both plaintiffs and defendants in infringement cases relating to film, music, television and literature. He has also handled cutting-edge infringement cases involving sale of pirated goods on the Internet, infringement occurring on social media sites and ownership of proprietary computer source code. You can have confidence that our firm has the resources to handle your case.
International Copyright Infringement
While there is no single international copyright law, more than 160 countries have adopted the Berne Convention, which seeks to provide similar protection for works that originate in any of the participating countries.
There may be significant differences in copyright laws from country to country. Mr. Norred will review your case and advise you on the best course of action for your situation. He has tried international copyright infringement cases, including cases involving goods originating overseas.
Defense Against Charges of Infringement
Some people accused of copyright infringement did not actually do so, did not know they were infringing, or infringed on a work accidentally. The law allows for several defenses, including:
- The “infringing” party thought that their use was covered under the fair use doctrine.
- The “infringing” party has changed the accuser’s work so it qualifies as a new creation and no infringement occurred .
- The work was independently created; it wasn’t copied.
- And finally, infringement did occur but the statute of limitations has run out for bringing a lawsuit
Our firm prosecutes as well as defends clients charged with copyright infringement. If you have been contacted by an attorney, a creator, or a performing rights organization, contact Norred Law immediately. Call us at 817-704-3984 to schedule a consultation via Skype, over the phone or at our Arlington office, Southlake office, Weatherford office, or Dallas Office.