New York Copyright Infringement Lawyer
You created a work of art, such as a painting, a photograph, an article, a book, a song or a play. Later, you found all or part of your creation used elsewhere, without your permission, without your name attached at all. Perhaps you discovered the infringement yourself. Perhaps a friend, family member or associate brought it to your attention.
At the law firm of Arthur R. Lehman, we have more than 30 years of experience. We put that experience to use handling infringement of non-registered and registered copyrights. Our record of results shows exactly how valuable our experience is to the creators we represent.
Proving Copyright Infringement
These cases begin by analyzing the infringement. If the infringing work is substantially similar to your original work, we must prove that the alleged infringer had access to your work in order to copy it. Then we need to prove damages. We need to find out how much the infringer made from the copied works, so we can get you the compensation you are entitled to. If your copyright is registered, you might be eligible for enhanced damages and attorneys fees.
A wide variety of other issues may arise along the way. Did you create the work while you were an employee or an independent contractor at the time? If so, this might impact your rights. Also, who infringed on the copyright? This may not be an easy question to answer, particularly when it comes to bootlegged items being sold on the streets of New York City. A thorough investigation may need to be conducted in order to determine whom to sue. You can be confident in our ability to put all of the pieces together and create a strong case.
Licensing Agreements As Settlements
As we negotiate a settlement, we may encourage you to consider moving forward with a licensing agreement with the infringer. From a business standpoint, this agreement could end up yielding significant benefits for you and may also be seen as positive for your opponent. Our goal is to review all options and guide you to the one that makes sense for you.
Get Some Good Out of the Bad
We will monitor the collection and destruction of infringing articles by the U.S. Marshall if the court orders that relief However, whenever possible, if the infringing articles are usable, we will encourage you to donate them to first-step housing, homeless shelters and other places where they could prove quite beneficial while being removed from the public domain.
Learn More About How We Can Help You
Whether you are interested in having us handle your case, are looking for feedback about the direction your case is currently going in or are a fellow lawyer seeking assistance, call (212) 697-2715 or e-mail us to schedule a consultation with our New York copyright infringement attorney.