Protecting Copyright Infringement

What is Copyright?

Copyright protects a wide array of creative expressions, including visual works, music compositions, architectural works, source code and software, literary works and sculptures. Businesses and individuals, such as artists, musicians, photographers, programmers and others, all regularly create material that should be protected by copyright. All need to protect their eligible works as much as possible but, at the same time, avoid infringing others’ copyrighted works.

Why Protect Copyright?

Pursuing those who infringe copyright and helping our clients avoid copyright infringement are the twin aims of the Barshay Sanders copyright lawyers. Many of our clients have valuable, creative works that are infringed, and often find themselves in need of seeking recourse through the legal system to protect their rights. The Copyright Act provides a full range of remedies, from actual damages to statutory damages of varying amounts, depending upon the nature of the infringement.  The Copyright Act not only allows for injunctive relief to stop an unauthorized user from infringing copyright, but also allows for the recovery of attorneys’ fees when certain criteria are met. Not all remedies are automatically available, however, and so we counsel our clients regularly on matters ranging from how to protect their creative works in a legally proper manner, but to avail themselves of all the Copyright Act remedies.

An issue that has become increasingly prevalent is addressing copyright infringement in the internet realm.  This type of infringement has become rampant due to the ease with which people can copy and reproduce others’ works with a short series of simple mouse clicks. Modern internet businesses face a myriad of copyright issues under the Digital Millennium Copyright Act (“DMCA”), which range from the simple to the complex. Under the DMCA, certain businesses often seek to avail themselves of a “safe harbor” from copyright liability arising from the acts of their users, however, such immunity will often depend upon the circumstances of the businesses’ relationship to the user, and other issues. At the same time, modern internet businesses may face liability and lose the copyright safe harbor—and thus face liability for the copyright infringements that occur on their website(s)—depending upon the circumstances. The lawyers at Barshay Sanders have litigated the DMCA and its contours extensively and, so, can prosecute or defend actions that address the scope of the DMCA that evade many other attorneys who do not possess a similar degree of skill and experience. We have also counseled numerous clients through the unsettled area of fair use issues in the digital age, and the challenges posed by such recent legislation as the DMCA. Learn more about how we protect from Copyright Infringement and more about the DMCA.

Our Team is Dedicated to One Goal: Yours

The Barshay Sanders team brings together attorneys who share years of experience in navigating high-profile intellectual property and entertainment disputes and transactions, who share a substantive knowledge that can only be gleaned through litigating cases in all Judicial Districts throughout the Country; developing the oral advocacy skills of deft communicators and negotiators; and the technical expertise required to explain the issues in language that can be readily understood.

We know that all clients are different.  They have different means and resources, as well as different goals and, therefore, different billing needs. For some, traditional hourly billing makes the most sense, but, even then, a failure to review those needs and avoid excessive staffing or engaging in needless discovery disputes do not serve the client. For other clients—both individual and institutional—the cost-certainty of a contingency or flat-fee billing arrangement makes the most sense. Flexible and nimble, the attorneys at Barshay Sanders are sensitive to all these needs and strive to provide the specialized legal services needed by all of our clients, whether they be large publicly-traded companies, mid-size businesses, or individual inventors and creators.

Our lawyers have also successfully litigated copyright licensing-related disputes for entertainment, media, and hi-tech clients, and have filed briefs as amicus curiae in copyright infringement suits not involving our direct clients. All told, our copyright experience runs the full gamut of protected works, from such traditional subject matter as music, literature, art, photography, film and television to such novel subject matter as computer object and source code, web pages, and architecture.

We handle all facets of intellectual property law.

Litigation: Do you believe that someone has taken your intellectual property or is accusing you of improperly using their intellectual property? Patent, copyright, trademark, trade secrets, idea theft and right of publicity litigation is what we do.

Ideas & Inventions: Do you have an idea or a new creation that you want to protect? Do you no know where to turn?  Protecting your new, novel ideas within the law of intellectual property is what we do. Whether your needs involve copyright or trademark registration or prosecution, the lawyers at Barshay Sanders are qualified to serve your needs.

Deals, Licensing & Counseling: Do you have licensing needs?  A deal you need to structure or need intellectual property advice? We do it all, from technology counseling, start-up structures, trademark or copyright licensing, film, television, music and new media production, and distribution and talent representation