Passionate California Lawyers Litigate Cases of Copyright Infringement
Dedicated San Francisco attorneys help creatives obtain copyright protections
We understand how hard writers, musicians and painters work to create original pieces and how valuable these artworks are to an artist’s ability to profit. The lawyers at King & Kelleher, LLP help Bay Area artists and businesses protect their copyrightable creations. From our office in downtown San Francisco, we counsel clients about their intellectual property rights and take swift legal action against unlawful copycats and infringers. Whenever it is advisable, we seek to obtain compensation by settling copyright infringement cases outside of court.
Skilled Bay Area advocates assert authors’ rights to control their artwork
For a creative piece to be copyrightable, it must be in a tangible form. Literary works, webpage designs, songs, videos and films, dance choreography, photographs and software are all counted among the works of authorship protected by the U.S. Copyright Act of 1976.
The person who owns the copyright for a piece of artwork has exclusive rights to:
- Make and distribute copies of the artwork
- Perform or display the artwork to a public audience
- Create derivative works based on the original, such as offering a new adaptation or sequel
Our attorneys can guide you through the steps of obtaining a copyright for your work. We also advise and represent copyright owners who are ready to sell, gift, bequeath or license their copyrighted work.
Determined lawyers seek injunctions and damages for copyright infringement
If a person or business replicated your artwork or made a substantially similar piece of artwork, without your permission, you may have grounds for a copyright infringement lawsuit.
To prevail as the plaintiff in a copyright infringement case, you must first be able to prove that you own a valid copyright to the original work. Though any original work of authorship that qualifies for a copyright is automatically protected under federal law, registering your work with the U.S. Copyright Office ensures there is an official record that you are the true author and that you created the work on a certain date. Next, you must show that the suspected infringer had the access necessary to copy your work and that the two pieces of work are substantially similar.
When you come to us with concerns about copyright infringement, our attorneys can review the details of your case and come up with a strategy to help you obtain justice. One of our first steps will be to request an injunction to prevent the continued use of your work by the infringer. We can also seek compensation for your actual damages, such as lost profits, as well as for any profits the infringer made from your work. As an alternative, it is possible to seek statutory damages, which by law can range between $200 and $150,000 depending on whether the infringement was innocent or willful.
Contact accomplished San Francisco copyright litigators for help with infringement actions
Located in San Francisco, California and serving clients throughout the Bay Area and Silicon Valley, the law office of King & Kelleher, LLP focuses on intellectual property law and copyright protection. To schedule a meeting with one of our attorneys, call us at 415-781-2888 or contact us online.