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Experienced New York Attorney Defends Those Accused of Copyright Infringement

Knowledgeable intellectual property representation for defendants

With the amount of content that exists today, it is easy to create something that appears to be copied from or inspired by someone else’s work. Those publishing creative content in print and online must exercise due diligence to stay on the right side of the law. When an infringement is alleged, the consequences can be severe. If the claim is not successfully defended, the party alleged to have infringed the rights of the property owner could face crippling statutory penalties. At Lazar Grunsfeld Elnadav LLP, I have extensive experience defending users from allegations of infringement. I implement proven strategies to resolve disputes in my client’s favor. Often I am able to negotiate a mutually beneficial licensing agreement. However, when litigation is necessary, I dedicate my skill and resources to defending my client’s interests in state or federal court.

Common defenses to allegations of copyright infringement

As a legal representative for creators and users of creative content, I fully understand how to defend clients against an allegation of infringement. Defenses that are available include:

  • Invalid copyright.The defendant asserts that the work is not original, lacks copyrightable subject matter, or that the plaintiff does not own the copyright.
  • Public domain. If contents of the work are in the public domain, the plaintiff cannot claim copyright.
  • Court has no jurisdiction. The copyright was not properly registered.
  • Independent creation. The alleged infringer created a substantially similar work without any knowledge of the plaintiff’s creation.
  • Permissible copying. Use of protected content is de minimis, or the portion that was copied is not protectable material.
  • Fair use. Many uses of copyrighted material are protected, such as quoting sections of a book or visually presenting an artwork as part of a critique or news story.
  • Statute of limitations. An artist cannot bring a civil action after three years from the time of the infringement.
  • Permission. The owner of the copyright may have granted permission or license for the use of the work.

I will work to assert any relevant defenses in your infringement case.

Remedies for copyright infringement

The federal Copyright Act provides the following remedies for an infringement of a protected work:

  • Infringer pays the actual dollar amount of damages and profits.
  • The law provides a range from $200 to $150,000 for each work infringed.
  • Infringer pays for all attorney fees and court costs.
  • The court can issue an injunction to stop the infringing acts.
  • The court can impound the illegal works.
  • The infringer can go to jail.

When no affirmative defense can be presented, I have often found that the best resolution is a negotiated licensing agreement that allows the plaintiff to monetize the creation and relieves the defendant from possible harsh statutory penalties.

Contact an experienced Brooklyn intellectual property attorney for your copyright dispute

Those accused of infringing a copyright need the help of an experienced attorney. At Lazar Grunsfeld Elnadav LLP, I offer proven strategies for achieving beneficial resolutions for infringement disputes. Call me at 718-705-4019 or contact me online to schedule a consultation at my Brooklyn, New York office.