There are few objects more personal to an individual than those that he or she created by hand. Whether the object or work of art was written, painted, sung, acted, knitted, whittled or whistled, personal creative work is deeply important because it is wholly unique. When another individual or business attempts to capitalize upon the creative or otherwise innovative work of others without permission, the sense of injustice that can result can feel almost palpable.
If you have copyrighted your creative work, works of art or otherwise innovative works, you may be able to hold the individual or business who violated your intellectual property rights accountable via a copyright infringement lawsuit. An attorney experienced in intellectual property law should be able to guide you through the process of ensuring that your unique work remains protected.
In general, it is important to prove that the entity or entities that infringed upon your copyrighted work both did so in ways that are substantially similar to your work and that those infringers had access to your work prior to the creation of their work. Once these two foundational elements have been established, you and your attorney can work together to determine the extent of the harm you have suffered as a result of the infringement. At that point, you can begin to estimate the extent of the damages you wish to recover from the copyright infringers.
Your unique work is both personal and valuable. Do not hesitate to enforce your rights to protect your work when necessary. An experienced attorney can help to ensure that you are not taken advantage of whenever possible.