Copyright Litigation in Miami
Advocating for Defendants in Copyright Lawsuits in Miami
When someone owns a copyright over a literary work, a video, a musical recording, etc., that person is the only individual with the legal right to publish, reproduce, distribute and sell that intellectual property for a designated period of time. It is considered a violation of the copyright for anyone else to carry out these actions. If a copyright violation is believed to have occurred, the violator can be sued by the individual or company who owns the rights to the protected content.
If you are being sued for copyright infringement, it is important that you retain the services of a capable legal professional who can properly represent you in court. With the right legal representation, you may be able to avoid an unfavorable court judgment that causes you serious financial losses. At Seltzer Mayberg, LLC, we have a Miami criminal defense lawyer who advocates for individuals who are being sued in copyright litigation. Attorney David Seltzer serves individuals throughout the state of Florida.
Defenses Against Copyright Litigation
There are plenty of defenses that can potentially be used in copyright infringement lawsuits. A few of these include the following:
- A general dispute that the defendant actually violated the copyright
- The "fair use" defense, or the defense that the intellectual property was used for a transformative purpose, such as journalism, research or professional criticism
- The fact that the plaintiff's copyright was expired at the time of the alleged infringement
- The fact that the lawsuit was filed outside the statute of limitations
Consult with our firm so we can help you identify and implement the right action plan for addressing your lawsuit.
Companies Known for High Volumes of Copyright Litigation
Media reports show that Malibu Media LLC (a producer of erotic videos) is the top copyright litigator in the U.S., and Voltage Pictures (the producer of the films "The Hurt Locker" and "Dallas Buyers Club") is another highly active litigator. These companies have a history of specifically going after individuals accused of unlawfully downloading and sharing their videos on the file sharing software BitTorrent. According to the Electronic Frontier Foundation, the U.S. Copyright Group (USCG) has been known to regularly represent film and video game producers in lawsuits involving illegal downloading.
In the music world, it is not uncommon for record studios to sue record studios, studios to sue music artists, music artists to sue other music artists, and so on. These lawsuits usually involve claims of stolen song lyrics or music. Furthermore, in the mid-2000s, the music industry filed thousands of lawsuits against individuals who were accused of illegally downloading music. Much of this action was taken by the Recording Industry Association of America (RIAA), but the industry group finally ended its litigation campaign against file sharers in 2008, according to Wired.
Whether you want to handle your case through trial or reach a reasonable settlement with the plaintiff, you need to have a skilled Miami copyright litigation attorney on your side. Call today for your free consultation.