Houston Lawyer Finder

Find Attorneys in Houston

house moving juegos Mario home selling – What Kind of Damages Are Available – Infringement of Copyright

without comments

house moving Under the Copyright Act, an infringer of a copyright is liable for either the owner’s actual damages and any additional profits of the infringer or statutory damages. It is within the discretion of the plaintiff, or individual seeking to protect his or her copyrighted work, to elect either actual damages or statutory damages.

juegos mario Therefore, the best way to stop someone from infringing your copyright and/or recover damages and attorney’s fees for such infringement, is to file a copyright with the United States Copyright Office. When filing a website copyright, there are several considerations. First, it is important to remember that the requirements for a website copyright are no different than those requirements to have any copyright. Namely, one must create and fix in a tangible form the website in order to be entitled to copyright protection.

home selling Unlike other copyrights pertaining to text, a photograph, a computer program and the underlying source code, a music recording, or some other material, websites often include all of these types of material. As such, when drafting the copyright application, using Form TX, it is important to specifically identify for what you’re claiming protection.

While statutory damages are intended to create an incentive for owners to protect their valuable intellectual property, and conversely to deter the unauthorized and unlawful use of another’s copyright, the ability to recover costs and attorneys’ fees is yet an additional motivation of some owners when seeking to redress copyright infringement. Once again, the importance of a federal registration of a copyright becomes clear because not only are statutory damages available, but attorneys’ fees and costs are also available in an infringement lawsuit.

In sum, it is important that an owner understands what damages may be available to redress infringement of copyright. Likewise, an entity accused of copyright infringement should understand not only the legal exposure, but must also understand the financial exposure.

The second option is to identify possible defenses under copyright law, which may include fair use defenses. Regardless, it is important that you confirm that the copyright owner does indeed have a valid copyright, how many copyright registrations it is relying upon, and your ultimate financial and legal exposure in the particular instance before acting. Do not panic or jump to conclusions before researching the important issues inherent in any copyright infringement matter. You can be published without charge. You can to republish this article in your website or blog. Please provide links Active.

Written by Attorney

July 25th, 2010 at 11:13 am

Posted in Uncategorized

Leave a Reply