Copyright Litigation
Intellectual Property and Technology | CopyrightWe handle copyright infringement litigation for all types of creative works including software, music, visual arts, and digital content.
Overview
Enforcing and Defending Copyright Rights
Copyright protects creative expression across media. MC Law's Copyright Litigation practice handles copyright disputes involving all types of works.
Infringement Prosecution
We pursue copyright infringement claims aggressively, seeking injunctive relief, actual damages, statutory damages, and attorneys' fees.
Infringement Defense We defend against copyright infringement allegations with defenses including fair use and independent creation. Software Copyright We handle claims involving source code, object code, APIs, and screen displays. Music and Entertainment We handle infringement claims, sampling disputes, and synchronization issues. DMCA Litigation We handle circumvention claims, safe harbor disputes, and takedown issues. Fair Use We develop fair use arguments and challenge overbroad fair use claims.Our Services
copyright
Federal registration and validity opinions
intellectual_property_litigation
Federal registration and validity opinions
litigation
Federal registration and validity opinions
internet
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
You must show ownership of a valid copyright and copying of protectable expression. Copying can be proven through access and substantial similarity.
You can recover actual damages plus defendant's profits, or elect statutory damages of $750-$30,000 per work ($150,000 for willful infringement). Registration timing affects availability.
Fair use permits limited use without permission based on purpose, nature of the work, amount used, and market effect. It's determined case-by-case.
For US works, registration is required before filing suit. You can register after infringement but won't be eligible for statutory damages or attorneys' fees.
Software cases involve code comparison and analysis of protectable expression versus unprotectable ideas and functional elements. Expert testimony is often crucial.
Copyright is territorial. International enforcement involves DMCA takedowns, foreign litigation, and customs actions. Focus resources on commercially significant jurisdictions.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
