No matter how scrupulously an artist tries to protect a created work, infringements happen. Especially today, when there are so many tools for appropriating content, artists must be vigilant and outlets for creative content must exercise due diligence to stay on the right side of the law. However, when an infringement is alleged, it’s not good for either party. The creator’s work can be devalued even while actual damages are impossible to ascertain, and the alleged infringer of the property could face crippling statutory penalties. The Lunsford Law Firm has extensive experience on both sides of the issue, protecting creators’ copyrighted work and defending users from allegations of infringement. I implement proven strategies to resolve disputes in our 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 protecting my client’s interests in state or federal court.
As legal representative for creators and users of creative content, I fully understand how to prosecute a case or defend an alleged infringement. Defenses that are available include:
Often there is no valid defense for a user’s appropriation of created material. But that doesn’t necessarily make the case easier to resolve. Getting the parties to agree on the appropriate remedy, or getting the court to order one, is often difficult. That’s where my experience on both sides of the issue is particularly valuable.
The federal Copyright Act provides the following remedies for an infringement of a protected work:
Plaintiff artists often find it difficult to prove actual damages. The wide range of statutory damages makes an adverse court ruling highly probable. Under these circumstances, 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.
Creators and users of copyrighted materials need strong advocacy. The Lunsford Law Firm offers proven strategies for achieving beneficial resolutions for infringement disputes. Call me at 619-310-9734 or contact my office online to schedule a consultation at my San Diego, California office.