Orange County Copyright Infringement

Klein & Wilson is one of Orange County's premier copyright infringement litigation law firms, protecting the interests of large and small businesses throughout Southern California. 

Copyright infringement in Orange County is a highly complex area of law, requiring trial attorneys with specific experience with these issues.  At Klein & Wilson, we understand how important a business's copyrights are to its continued financial success, and we work tirelessly to both pursue and defend infringement litigation, while advising clients on how best to protect their copyrights.

1. Creation of Copyright

Under the Copyright Act of 1976, any original work of authorship, fixed in any tangible medium of expression, can receive copyright protection.  This protection attaches to the work as soon as it has been "fixed" by being written down, recorded, or embodied in some other reasonably stable and permanent way. 

Since 1989, a work no longer needs to contain a copyright notice for it to have copyright protection.  However, placing proper notice and registering one's work with the United States Copyright Office can prove beneficial should a dispute later arise.

2. Rights

A copyright holder possesses several exclusive rights to that work and has the additional right to sell, transfer, or license any or all of these exclusive rights to someone else.  In the case of work created by an employee for an employer, the employer is considered the author.

Infringement upon any of the following rights can give rise to a copyright infringement lawsuit:

1. The right to reproduce or copy the work;
2. The right to adapt the work to create a new work (called a derivative work);
3. The right to distribute the work or copies of the work; and
4. The right to publicly perform or display the work, including putting it on the Internet.

3. Infringement

Either the copyright owner or the owner of an infringed exclusive license can sue for copyright infringement.  To prove the infringement of one or more exclusive rights, the plaintiff must show the alleged infringer had access to the original work.  This includes situations where an employee involved with creating an infringing work had access to view the original work or if the original work was widely distributed to the public.

Infringement occurs when the two works are "substantially similar," proof of which is broadly defined by the courts.  To establish substantial similarity, a plaintiff must generally prove an ordinary reasonable person would conclude a defendant has appropriated the original work.  A plaintiff must also prove that its work was substantially taken, either quantitatively or qualitatively; for example, a competitor could copy just one aspect of a company's work and be liable for infringement if it is an identifiable or important aspect of the work.

Infringement can also be indirect if the indirect infringer knew about the infringement and materially contributed to it in some way.  Alternately, vicarious infringement can occur when a party has the right and ability to supervise the infringing activity and a direct or indirect financial interest in the activities.

Several defenses are available to those accused of copyright infringement in Orange County, including:

1. The defendant proves ownership of a valid license;
2. The original copyright holder abandoned the copyright ownership;
3. The copyright is being used to violate public policy (for example, antitrust laws); and
4. Fair use:  this defense employs a complicated test that is highly dependent on the facts of each particular case. 

4. State Copyright Laws

Federal law preempts the majority of state law cases related to the unauthorized use of copyrighted works.  The one exception comes in cases where the claim has at least one extra element that must be proved.  Therefore, claims based on breach of contract, trade secret theft, or fraud are typically allowed to proceed, whereas unfair competition claims based solely on an unauthorized reproduction of a work would likely be preempted by federal law.

5. Available Relief for Infringement

In addition to injunctive relief, which forbids the infringer from engaging in any further unauthorized use, statutory damages and non-statutory monetary damages are available in copyright infringement cases.  Statutory damages are generally anywhere between $750 and $30,000 per infringement, based on the judge's discretion, but can be as high as $150,000 per infringement if the infringement is deemed willful.  If a plaintiff registered his or her work with the United States Copyright Office, compensation for attorneys' fees may also be available.  Non-statutory damages include lost profits, the loss of future exploitation of the work, and recovery for profits wrongfully attained by the infringer, so long as it does not overlap with plaintiff's actual losses.

6. Seek Experienced Legal Representation

Klein & Wilson has successfully handled numerous complex and high-stakes copyright infringement and violation case in Orange County for both plaintiffs and defendants.  Attorney Mark B. Wilson obtained a $1.4 million federal trial verdict against a major retail chain; Klein & Wilson successfully defended a prominent artist against a publishing company; and our attorneys have successfully taken on numerous large garment manufacturers and worldwide retailers. 

Orange County Copyright Law

To speak with our experienced copyright protection or intellectual property attorneys in Orange County, e-mail Klein & Wilson today or call us toll-free at (888) 341-1462 for a consultation.