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Readers of the New York City Business and Commercial Law Blog may be aware that when someone creates an original idea, whether or not he or she registers the copyright, the copyright exists in that piece of work. That means that if someone else violates the exclusive rights granted to the creator by that copyright, the violating individual may be found guilty of copyright infringement.
What, then, can the person whose copyright has been infringed do? He or she can ask the court for an injunction. Under 17 U.S. Code Section 502, one of the remedies available for copyright infringement is obtaining an injunction from a civil court.
Any court that has jurisdiction for an action arising under this cause of action can grant temporary and final injunctions on terms that it considers reasonable to either restrain or prevent infringement. In order to succeed in the infringement suit, the claimant must prove that the work was an original one. In addition to this, an organization must also prove that the defendant reproduced the work and that the claimant would suffer irreparable harm if an injunction is not given.
In the case of a business or organization claiming its copyright has been infringed, it may show it will lose profits, business interests or even diminished revenue. Companies generally want to copyright their advertisements, written material, technical drawings and even architectural work, and they face monetary losses if their copyrights are infringed. They may consider asking for an interim injunction while a trial is pending to prevent the infringing party from reproducing any work in the meantime.
An experienced attorney may be able to guide New York businessmen through the process of protecting their intellectual property rights.
