Strategic considerations of copyright as per the litigation
Updated on : 2020-Nov-09 16:36:22 | Author :
Contents
- Strategic considerations as per the U.S. litigation
- What copyright protects?
- How to enforce copyright?
- What are the remedies in copyright litigation?
- Conclusion
Strategic considerations
Copyright is a company's most valuable intellectual property asset. The benefits of these assets are- a copyright owner must make intelligent choices like how to protect and enforce copyrights against potential infringers in a better way. The parties who are said to be accused of any kind of copyright infringement must know the nature and scopes of defenses available to them. Copyright infringement litigation may be expensive and time-consuming also. This is because the best business decisions like whether and how to proceed in litigation should be based on a proper understanding of the strategic choices of both copyright plaintiffs and defendants have at every stage beginning from the pre-litigation through trial.
What copyright protects as per the strategic considerations?
Copyright gives protection to the following-
A.The Subject Matter of Copyrights
B.The Exclusive Rights of a Copyright Holder is-
- representing the work in copies or phonorecords;
- preparing derivative works that are based on the work;
- distributing copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending;
- displaying the work in a public manner in case of the literary, musical-dramatic, and choreographic works, pantomimes and pictorial, graphic or sculptural works, individual images of a motion picture or other audiovisual work;
- performing the work publicly using certain digital audio transmissions In the case of sound recordings.
C. Copyright Protection and Registration process
- It creates a platform to show a public record of the copyright claim;
- It is mandatory to file an infringement suit in the federal court;
- If It is established within 5 years from the publication, it will create evidence in the court about the validity of the copyright mentioned in the certificate, and thus it is made even easier to bring an infringement claim;
- It helps to obtain statutory damages and attorney's fees as it is required for registration made within 3 months after publication or before an infringement of the work. Otherwise, only an award of the actual damages and profits will be available to the copyright owner.
- It permits the copyright owner to record the registration with the Customs Services for protection purposes against the importation of infringing copies.
For better understanding go through this- Protection of copyright
How to enforce copyright?
It can be enforced in the following way-
Pre-Litigation and Litigation Strategies
1. The Costs and Uncertainties of Litigation
2. Declaratory Relief and Counterclaims by Defendants
3. Defenses to Copyright Infringement
4. Indirect Liability
What are the remedies in copyright litigation?
A.Provisional Remedies that includes TROs, Preliminary Injunctions, and Seizure of Goods
B.Remedies After Judgment including Permanent Injunctions, Monetary Damages, Statutory Damages
C. Intended Infringement and Attorney Fees
D. Remedies covering the Digital Millennium Copyright Act
Conclusion
Copyright protection is an important business asset. If work gets qualified for the protection and is very important then a company would consider pursuing the ability to protect it against any infringement. The copyright registration should be sought out early. Copyright infringement litigation can be a very costly and uncertain endeavor too. But the Copyright Act offers unique incentives for bringing successful claims.
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