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Infringement is a constant threat to creators, regardless of how diligently they protect their work. In the current digital landscape, where content appropriation tools are abundant, both artists and creative outlets must be exceptionally vigilant to ensure compliance. When a dispute arises, the situation is damaging for both parties: the creator’s property may be devalued with unclear damages, and the alleged infringer risks severe statutory penalties.
Browne Law, LLC is uniquely positioned to handle these complex matters. We have deep experience defending users from infringement allegations and safeguarding creators’ copyrighted property. We focus on implementing proven strategies to resolve disputes, frequently negotiating a mutually beneficial licensing agreement early on. Should litigation be required, we dedicate all our resources to vigorously protecting our clients’ interests in state and federal court.
As legal representatives for both creators and users of creative content, we have a complete understanding of how to prosecute or defend an alleged infringement. Available defenses include:
Independent creation.claims to have created the substantially similar work independently, having had no prior access to the plaintiff’s creation.
Permissible copying. The use of protected content is de minimis (too trivial or minor to warrant legal action
Fair use. Many uses of copyrighted material are protected as fair use. The protected use often include quoting from a published work or visually incorporating an artwork for the purpose of a critique or news story
Permission. The owner of the copyright may have granted permission or licensed use of the work.
Statute of limitations. An artist cannot bring a civil action after three years from the time of the infringement.
Court has no jurisdiction. The copyright was not properly registered
The Federal Copyright Act authorizes the following specific remedies to address the infringement of a protected work:
The law provides a range from $200 to $150,000 for each work infringed.
Infringer pays the actual dollar amount of damages and profits.
The court can impound the illegal works.
The court can issue an injunction to stop the infringing acts.
Infringer pays for all attorney fees and court costs.
The infringer can go to jail.
Proving actual damages is challenging for artists, and the broad statutory penalties create significant risk for defendants. Under these complex circumstances, we frequently secure a better resolution through a negotiated licensing agreement. This approach allows the plaintiff to monetize their creation and shields the defendant from the threat of harsh court-imposed penalties.
Strong advocacy is essential for both creators and users of copyrighted materials. At Browne Law, LLC, we implement proven strategies to achieve favorable resolutions in infringement disputes. Contact our Midtown Manhattan, New York office today to schedule your consultation.