Copyright infringement is an ever-growing problem for traditional businesses and media, as well as digital content creators. Any copyright you legally hold is entitled to protection, regardless of the format of the work. If other parties use your copyrighted material and profit without your permission, you may be entitled to file legal claims against them.
If your copyright has been infringed, it is important to take your case to an experienced copyright attorney who can take your claim to court and build a strong case. Most copyright litigation is intended to stop the infringement and set right any damages you suffered because of the infringement. For help with your Maryland copyright case, contact copyright litigation lawyer William S. Heyman of the Heyman Law Firm today at (410) 305-9287.
Copyright vs. Other Intellectual Property
Copyright is one of the most popular forms of intellectual property. The term “intellectual property” covers a broad range of different protected creations and works, many of which are separate from copyrights. Things like trademarks, patents, and trade secrets are different from copyright and have different legal structures protecting them.
Copyright is the right of a creator to benefit from their creation. That means that if you create some unique work, you have the exclusive rights to display, sell, reproduce, or benefit financially from the work. Copyrights can be bought and sold, and others can be granted the right to reproduce, display, or make copies of your work. However, they must get your permission to do so.
Digital Millennium Copyright Act (DMCA) and Maryland Copyright Laws
The US Digital Millennium Copyright Act (DMCA) is one of the most widely used copyright laws in the country. The act was passed in 1998 to expand copyright protections, set the rules for digital media rights, and set penalties for Internet-based copyright infringement. This act is the primary statute used to combat piracy, copyright infringement, and other theft, especially for online content.
One of the most common processes you may recognize in copyright law is a “DMCA takedown.” This is a formal request for a website or hosting service to take down content that infringes on your copyright. The power to make these requests comes from this act, but this is only the start of many copyright litigation cases. The DMCA also creates private causes of action and criminal offenses for copyright infringement.
Maryland also has its own copyright laws. These offer similar protections for copyright holders and create private causes of action to take your case to court. You may be able to make a claim in a Maryland state court rather than taking your case through the federal system, in some cases.
Copyright Litigation and Defenses
If you have been the victim of copyright infringement, you may be able to take the offender to court. When someone else distributes your work in violation of your copyright, they may benefit financially and diminish the benefit you would normally gain from using your work. A simple example is when someone puts free copies of your work on the Internet. You will likely sell less copies of your work (such as, for example, photos), suffering financial harm. More complex issues may deal with another creator using your copyrighted song, art, or image in part of their own creation or to promote an idea you may disagree with. In these cases, the harm may not be as direct, but it may still infringe on your copyright.
DMCA takedown notices can work to an extent, and there are more and more processes in place for websites to remove infringing material. However, you may still miss out on financial benefits or your work may be damaged by the way it was unfairly used. Because of this, there are additional ways to claim damages and seek relief in court.
The first type of relief you might seek is an injunction to stop the infringing use. A court can order the offender to take down your material, destroy copies of it, remove your work from their work, censor-out your copyrighted material, or otherwise stop infringing on your copyright. A court can also award monetary damages for any harms you suffered because of the infringement. This can include things like ad revenue for a streaming video, lost revenue from selling your work, and other financial harms.
When you take your case to court, an attorney can help you understand what kinds of relief you might be entitled to
Although copyright law gives victims powerful tools to protect their work, it also gives clear ways that copyrighted material can be used legally. These “fair use” exceptions often permit infringement under certain circumstances, such as:
- De minimis/slight infringement,
- Educational purposes,
- Transformative works,
- Parody,
- Reverse engineering,
- And more.
Call Our Baltimore, Maryland Copyright Litigation Attorneys Today
If you were the victim of copyright infringement or someone benefitted from using your original work without your permission, contact our law offices today. William S. Heyman has decades of experience handling business litigation and intellectual property lawsuits on behalf of injured parties. To set up a consultation on your case, call the Baltimore copyright litigation lawyers at the Heyman Law Firm today at (410) 305-9287.