Businesses commonly protect their trademarks once created. However, many companies don’t consider protecting their copyrights. These include images for logos, text used in marketing materials, software code, or music. These are crucial to protect your brand, especially if another party infringes on these copyrights. Initiating Protection has experience providing companies with a comprehensive approach to brand enforcement and copyright prosecution. In addition, we offer support for companies looking to prosecute other groups that infringe on your copyright and gain restrictions for brand items.

How Copyright Infringement Works

The first thing to know about copyright infringement is that it is a federal law violation. Infringement is any copying, distribution, reproduction, or use of another entity’s copyrighted material. Typically, copyright covers text, music, graphic design, and website content, among other items. This does not include things that aren’t in written form, such as ideas, theories, or concepts. While you do not need to register your copyright to own it, you do need to register it to sue for infringement or to claim statutory damages. Statutory damages should not be ignored as they can range from $750 to $30,000 for each instance of infringement. If there is willful infringement, the damages can top out at $150,000 for each instance of infringement. In addition, attorney’s fees and other court costs may be included.

Criminal Prosecution Charges

Copyright infringement is usually a civil matter since the majority of the instances occur between two parties. However, these cases become criminal when there is evidence the infringement is malicious or on purpose. The statute of limitations varies, as it’s three years for civil cases, but five to bring a criminal case. Before an infringement case appears in court, there must be evidence of the registered copyright in question. In addition, a prosecutor has to show that there was a willful infringement of copyright for financial or commercial reasons. In these cases, willful means that the infringer received notification that they were infringing on copyright or that their conduct was illegal.

Call Us for Copyright Prosecution

Having a team working with you ensures your copyrights are secure and protected from any potential infringement. At Initiating Protection, our experts work to enforce your brand and its rights. Contact us today to learn more.