Tampa Copyright Litigation Lawyer
Copyright protection derives from the United States Constitution, which empowers Congress to “promote the Progress of Science by securing for limited Times to Authors the Exclusive Right to their Writings.” Consistent with this objective, copyright law encourages the dissemination of ideas for public use by promoting the exclusive right to use and market the published expression of those ideas. Federal copyright law recognizes copyright protection for various types of works of authorship fixed in any tangible medium of expression. Such works include, among other things, literary works, music, choreography, pictures, photographs, and architecture. It also includes the expression of ideas embedded in computer programs and other digital media.
Copyright protection gives the authors, creators, licensees, and other right holders the exclusive right to use copyrighted material. Copyright infringement occurs when someone uses or exploits copyrighted materials that he or she does not have the right to use. It is important to note that copyright protection exists upon the creation of the types of materials protected under copyright law. This protection exists regardless of whether or not the creator or right holder has formally registered the materials with the U.S. Copyright Office. Registration is a prerequisite to bringing a lawsuit for copyright infringement, however. Thus, it is necessary to register the copyright prior to filing a lawsuit for copyright infringement.
At Older Lundy Koch & Martino , our Tampa copyright litigation practice involves the representation of the creators, transferees, licensees, and other right holders whose copyrights have been or are being infringed upon, as well as persons and entities who are sued or threatened with copyright infringement litigation. Having represented parties on both sides of these disputes, we understand the legal issues from both sides. We also understand that copyrights can be among a person or company’s most valuable intellectual property assets.
Federal law provides a wide array of remedies for copyright infringement. Depending on the circumstances, these remedies may include temporary restraining orders, preliminary and permanent injunctive relief, monetary damages, statutory penalties, and attorneys’ fees and costs. Very often, a copyright infringement case is won or lost at the preliminary injunction phase. We have the experience and resources to mobilize, strategize, and execute quickly to fight for your relief at that stage. We rely on these same attributes when handling your copyright infringement action at trials and on appeal. Given the wide range of remedies, and given the importance of protecting your valuable intellectual property, decisions as to whether and how to proceed in litigation must be based on a solid understanding of the strategic choices that right holders and alleged infringers have at each stage of litigation, and even before litigation commences.
Get the Help You Need to Resolve Copyright Litigation
Older Lundy Koch & Martino welcomes the privilege to serve you or your business. Schedule an appointment with our team of skilled and dedicated Tampa copyright litigation attorneys by calling 813-254-8998, or contact us online to schedule your consultation.