In our fast paced world it seems like new technology is being unveiled every day. The producers of new technology and other intellectual property frequently rely on copyrights in order to protect their work. A copyright is the exclusive legal right of the owner of work to use, reproduce and distribute that material. A copyright provides its owner with a bundle of rights relating to a creation of the mind such as an artistic work, piece of music or new technology. When another individual violates these rights by using, distributing or reproducing copyrighted material without permission, the copyright owner is entitled to bring an infringement action. The attorneys at Thomas M. Lancia PLLC are seasoned advocates for those involved in copyright infringement litigation.

Elements of Copyright Infringement

Copyright infringement is a tort or a legally actionable civil wrong. One who has been the victim of copyright infringement can sue the infringer in Federal civil court. The elements of copyright infringement are as follows:

1. Ownership of a valid copyright; and

2. Copying essential elements of work that is original, has the ability to be copyrighted and has been copyrighted by complying with the statutory formalities required.

Issues in Copyright Infringement Litigation

Many issues can arise during the course of copyright infringement litigation. Our firm is experienced in the issues involved in such actions, such as:

•Was there a valid copyright for the subject material? Essentially, the attorneys must determine and prove that there was a valid copyright for the subject material.

•Was the material copyrightable? In other words, the attorneys must determine whether the material in question had the ability to be copyrighted. For example, one cannot copyright an idea.

•Was the material copied? Attorneys must review the factual and legal similarities between the copyrighted material and the infringing material in order to prove that copying exists.  

Representation by a Copyright Lawyer in Manhattan, Brooklyn, & Queens

Copyright infringement litigation can be present hostility from adversaries as well as complicated issues to be dealt with.  It is important to retain an expert to protect the copyright and/or your rights. Our firm regularly represents clients in these types of disputes. We are experienced in all aspects of this type of litigation from initial intake and investigation to trial. We zealously represent our clients throughout the course of the litigation and work with adversaries to come to an agreement that is beneficial to our client. Should the possibility of settlement arise we will work diligently to negotiate a settlement for our clients. In the case of a trial, our attorneys are trained in trial practices and procedures and will aggressively advocate for our clients in court.

Thomas Lancia PLLC has represented clients in copyright infringement cases for over twenty years. If you believe that you may be the victim of copyright infringement or you have been accused of copyright infringement, contact Thomas M. Lancia PLLC at (212)964-3157.