Experienced California Attorneys Help Recover Damages for Copyright Infringement
Knowledgeable lawyers represent artists and businesses in the San Francisco area
Artists must be vigilant in asserting their ownership of the material they create and their right to determine how it’s used. If you’re an artist who’s been cheated by another person or business, the copyright infringement lawyers at King & Kelleher, LLP will work diligently to recover compensation for your damages and lost profits. Depending on your goals, we may negotiate a beneficial settlement or licensing agreement, or we may fight for you in court. We seek full legal remedy on behalf of artists and copyright-holding businesses in the San Francisco area and throughout California .
Experienced legal team demonstrates valid copyright claims
To make a strong case that you deserve to be compensated for the unauthorized use of your original work, you must be able to show that you hold a valid copyright and that another party copied your writing, music or other original work. The attorneys at King & Kelleher, LLP will strive to build your case based on the following essential elements:
- You own a valid copyright — You do not necessarily need a registration certificate from the U.S. Copyright Office to prove that you’re the author of an original work. You can prove your copyright by demonstrating that you are the valid author, the artwork is copyrightable, the work has a national point of attachment, and you’ve complied with applicable statutory formalities.
- Copying occurred — Proving that another person or business copied your work may be the most difficult part of your case. If it is not possible to show that your work was used as a direct template, we may be able to make your case by showing that the defendant had access to your work and that their product includes striking or probative similarities.
- Similarities are obvious — The “audience test” is used to determine whether or not similarities between the original artwork and the copied product are immediately recognizable, without aid, to an average audience member.
If someone else used your copyrighted work inappropriately, you have a right to seek compensation for the money they made and the damage they caused.
Skilled litigators seek fair remedies for copyright infringement
The attorneys at King & Kelleher, LLP will strive to negotiate a fair settlement to remedy the losses you’ve suffered. We will advocate for a deal that includes compensation for the profits made off your art and for your financial losses resulting from the infringement. To increase the likelihood of a favorable settlement, we may bring in expert witnesses to help establish the monetary value of losses and profits. Alternatively, we can go to court to fight for a just verdict based on actual or statutory damages.
Contact experienced California intellectual property attorneys for copyright infringement relief
Artists need strong advocacy to prevent more powerful parties from taking advantage of their original work. If you have been the victim of copyright infringement, King & Kelleher, LLP will be firmly in your corner to help you achieve sufficient legal remedy. Call us at 415-781-2888 or contact us online to schedule a consultation at our San Francisco office.