Skip to Content

Copyright Infringement

-What if someone is infringing my copyright?

            You can bring a suit for infringement.  A court can order an infringer to stop, and can award actual damages suffered from the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.  And, instead of actual damages, a copyright owner can elect to recover statutory damages, which can be increased where the infringement is willful.

-What if somebody says I am infringing their copyright?

            If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. You should carefully evaluate any accusations of infringement, which a copyright attorney could help you to do.  Where there has in fact been infringement, innocent or otherwise, it often makes sense to resolve the matter without the cost of extensive litigation. However, sometimes allegations of copyright infringement are made inappropriately, and sometimes the party seeking payment does not own the copyright.  Where such a party has been collecting license fees from many alleged infringers or licensee, those who have paid may be able to bring a class action to recover the improperly collected fees.

If you believe that your copyrights have been infringed, or that someone is making inappropriate demands for copyright royalties to which they are not entitled, please contact one of our copyright attorneys: Jonathan Rotter or Kara Wolke.

Court Recognition

“And without question, the Court is of the opinion that the value of benefit that’s been conferred to the class is extremely sizable and that this Court is certainly aware that the skill and efficiency of plaintiff’s counsel is what attributed to this settlement, and they are learned securities counsel. The Court is mindful of that, and as a result they were able to sort of weed their way through the complex issues in this case, and also to bring this about — bring about a settlement rather in short order as these matters go. So the Court certainly attributes that to counsel’s skill and efficiency, as well as the ability to work with the adversaries in this matter.”

–Hon. Susan D. Wigention, U.S. District Judge, District of New Jersey

“Class Counsel has conducted the litigation and achieved the Settlement in good faith and with skill, perseverance and diligent advocacy”

— Hon. Donovan W. Frank, U.S. District Judge, District of Minnesota

“The court finds that the Settlement Fund… created by Class Counsel is an exceptional result… The settlement is significantly above the average securities class action settlement when measured as a percentage of losses recovered… The court finds that Class Counsel, particularly Co-Lead Counsel, exerted tremendous effort on behalf of the class in the prosecution of this action… The Court finds that Class Counsel skillfully prosecuted this action, particularly given that this case was unusually complex relative to most securities fraud class actions. ”

–Hon. Dickran M. Tevrizian (Ret.), U.S. District Court Judge, Central District of California

More Testimonials