Several years ago, at a cable industry client's request, our firm developed a niche specialty in the area of Copyright Infringement. Unauthorized use of copyrighted material, be it internet based, cable based, bootlegged recordings or other forms of material piracy, occurs with increasing frequency in today's technology-based environment. Infringement of Copyright is a violation Title 17, Chapter 5, of the United States Code and as such is a Federal Offense, handled in the U.S. District Court system.
Since developing this practice area, our Attorneys have worked with both plaintiffs and defendents and have had experience with varied approaches to infringement cases. In planning a case strategy, we evaluate and consider the implications of all aspects of Title 17, Chapter 5 of the Code, including:
- The Nature of the Infringement
- Remedies for Infringement, i.e. Injunctions, Impounding, Damages and Profits, Costs and Attorneys Fees
- Possible Criminal Offenses Relevant to the Infringement
- Limitation on Actions, Notification of Filing and Determination of Actions
- Seizure and Forfeiture
- Remedies for Alteration of Programming by Cable Systems
- State Liabilities
- Limitations on Liability Relating to Material On-line
- Determination of Reasonable License Fees for Individual Proprietors
As is often the case with plaintiff clients, if a judgment is entered in favor of the judgment creditor, the case is transcribed from the Federal level the appropriate county in order to facilitate actual collection of the judgment.
If you are involved in a Copyright Infringement action and need help in the handling of this issue, please contact us online or call us at (914) 347-2300.