If you believe that another party is infringing upon your copyright and are looking to take action to protect your intellectual property, our Michigan copyright infringement lawyer can help you. Your creations are valuable to you, and copyright infringement can be a frustrating situation to deal with, especially if they harm your intended use of your creation or the profits that you are making off of it. Our dedicated team of lawyers will fight hard to protect your copyright and stop any and all acts of infringement. To learn more about how our team can assist you, contact the Trademark Lawyer Law Firm today to schedule a consultation.
How Our Copyright Infringement Lawyer Can Help You
Our Michigan copyright infringement attorney is here to help you throughout the entire process as you seek to bring a stop to infringement. Oftentimes, the first step in addressing copyright infringement is to send a cease and desist letter to the infringing party. Our lawyer will draft and send this letter on your behalf to ensure that it contains all necessary information and language to clearly outline the infringing actions, demand that they cease, and state what will happen if the infringement continues. If the infringing party ignores the cease and desist letter, it may be necessary to file a lawsuit and take the infringing party to court. Our lawyer will build a case that clearly displays the extent of the infringement and the damage that it has caused to you as the copyright owner. They will assist you with filing a complaint in federal court and navigate the processes of discovery and motions as you seek a favorable resolution. If necessary, they are prepared to take your case to trial and represent you in court. Defendants may use defenses such as fair use or claiming that the alleged infringement is not “substantially” similar to your original work. An experienced copyright infringement lawyer has experience fighting back against these and other common defenses used by the legal teams of the infringing party, and we will fight hard to prove to the court that infringement has occurred. If the judge or jury rule in your favor, the judge may issue an injunction that mandates that the infringing party cease all infringing actions. In some cases, compensation for your losses may also be awarded.
Taking A Crucial Step Towards Protecting Your Copyright
With how important your works are to you, thorough legal assistance is vital when fighting back against infringement. Our MI copyright infringement lawyer will work hard to protect your rights and your interests as a copyright holder in order to resolve the issue in as efficient and effective a manner as possible. If you have been a victim of copyright infringement, seeking legal assistance as soon as possible can help you reach a timely resolution and limit the damage that you incur. Do not hesitate to seek our assistance today. Contact the Trademark Lawyer Law Firm to schedule a consultation and begin fighting back against copyright infringement.
Understanding Key Copyright Laws Every Creator Should Know
Our Michigan copyright infringement lawyer will share that protecting the intellectual property of creators across various industries is essential through the copyright protection that laws can provide. Whether you're an artist, writer, musician, or digital content creator, having a clear understanding of copyright laws can help safeguard your work from unauthorized use and potential legal disputes. At Trademark Lawyer Law Firm, we are dedicated to helping you grasp these laws to ensure your creative endeavors remain protected, while also fighting back against copyright infringement.
The Basics Of Copyright Protection
Copyright protection is granted automatically when an original work is created and fixed in a tangible medium. This means that as soon as you write a book, compose a song, or design a graphic, your work is protected by copyright law. The scope of this protection includes literary works, music, art, and other intellectual properties. Copyright gives the creator exclusive rights to reproduce, distribute, perform, display, or license the work, and to produce derivative works based on it.
Duration And Scope Of Copyright
The duration of copyright protection varies depending on the nature of the work and the date of its creation. For works created after January 1, 1978, copyright lasts for the life of the author plus 70 years. For works made for hire or anonymous works, the copyright term is 95 years from publication or 120 years from creation, whichever is shorter. This lengthy period ensures that creators and their heirs can benefit from their work for an extended time.
The Fair Use Doctrine
The Fair Use Doctrine is one critical aspect of copyright law that all creators should be aware of. This principle allows limited use of copyrighted material without requiring permission from the rights holders for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The determination of fair use depends on four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work. Understanding fair use can help creators avoid infringement claims and face the complexities of using existing works in their own creations.
Copyright Registration And Enforcement
While copyright protection is automatic, registering your work with the U.S. Copyright Office provides additional legal benefits. Registration establishes a public record of your copyright and is necessary before you can file an infringement lawsuit in court. It also allows you to seek statutory damages and attorney’s fees in litigation, which can be significantly higher than actual damages. As Michigan copyright infringement lawyers, we advise creators to register their works to enhance their protection and enforcement options.
Addressing Copyright Infringement
Copyright infringement occurs when someone uses a copyrighted work without permission, violating the rights granted to the creator. Common examples include unauthorized reproduction, distribution, performance, or display of a work. If you believe your copyright has been infringed, it's crucial to act quickly to protect your rights. The first step is often to send a cease-and-desist letter, requesting the infringer to stop using your work and potentially seeking compensation. If the infringement persists, legal action may be necessary to enforce your rights and seek damages.
International Copyright Considerations
In today’s globalized world, creators must also consider international copyright issues. Copyright laws can vary significantly from one country to another, but several international treaties, such as the Berne Convention, aim to provide a degree of harmonization and mutual recognition of copyright protection. Creators should be aware of these international frameworks to protect their works across borders effectively.
How An Experienced Lawyer Can Help
For creators, it can be incredibly complex and challenging to both understand and manage the legal aspect of copyrights. As Michigan copyright infringement lawyers, we are here to assist you in protecting your intellectual property. Whether you need help registering your copyright, dealing with infringement issues, or understanding your rights under the Fair Use Doctrine, our team is ready to provide the support and guidance you need. Protecting your creative work is crucial for maintaining your professional integrity and financial well-being. If you have questions or need assistance with copyright matters, contact us at Trademark Lawyer Law Firm, we have experience with not only registering more than 6,500 trademarks but protecting the rights of those who have experienced copyright infringement. Let’s work together to safeguard your intellectual property and ensure your creative efforts are fully protected.
Common Causes Of Copyright Infringement
Copyright law exists to protect creative works, from music and writing to photography, design, and software. Yet, violations happen every day, often unintentionally. Many individuals and businesses don’t realize that using something found online can still lead to serious legal issues. Whether it’s reusing images, copying website text, or sharing digital files, copyright infringement can carry financial and reputational consequences. Below, our Michigan copyright infringement lawyer has outlined some of the most common causes of copyright infringement to help identify potential risks and promote responsible content use.
Using Unlicensed Images Or Music
One of the most common causes of copyright infringement happens when individuals or businesses use photos, graphics, or songs without proper permission. Many people assume that images found online are free to use, but most are protected by copyright. The same applies to background music, video clips, and sound effects used in marketing, podcasts, or online videos. To stay compliant, our Michigan copyright infringement lawyer must verify the source and licensing terms before publishing any creative material.
Copying Website Or Blog Content
Copying written text from another site, even partially, can lead to copyright violations. This often occurs when businesses outsource content creation or use online templates that pull text from protected sources. Search engines can easily detect duplicate content, which can damage credibility and result in legal consequences. Whenever we publish online materials, it’s essential to create original text or obtain clear permission to use another’s work.
Reposting Videos Or Media Without Consent
Reposting or sharing another creator’s video, podcast, or social media clip without consent is another frequent violation. Even when credit is given, the original owner may still hold exclusive rights. This issue often arises on social media platforms, where reposting can happen quickly and unintentionally. Obtaining explicit approval or licensing rights helps prevent infringement claims while maintaining professional standards.
Unauthorized Use Of Logos Or Brand Elements
Logos, slogans, and branded designs are protected forms of creative expression. Using them without authorization can constitute copyright or trademark infringement. This issue is especially common among startups that model their marketing visuals after established companies. Before incorporating any brand-related image, we should confirm ownership and obtain formal consent.
Copying Code Or Software Design
In the digital space, website code, app frameworks, and user interfaces are also subject to copyright protection. Copying elements of another company’s software, even small snippets of code, can create legal exposure. According to our Michigan copyright infringement lawyer, many violations occur unintentionally when developers use unverified open-source tools or reuse design templates without checking usage terms. To avoid these risks, always review licensing details before integrating any digital asset.
Protecting Your Work And Avoiding Legal Issues
Copyright law protects creativity, but it also places responsibility on us to use content ethically. At Trademark Lawyer Law Firm, our team has decades of experience helping businesses and individuals understand their rights and take practical steps to prevent infringement. If you’re concerned about how your company is using or sharing creative materials, reach out to our efficient legal professionals to discuss how we can help protect your work and reputation.
Client Review
"I have dealt with Trademark Lawyer Law Firm, PLLC, for several years. This time I needed to have my trademark renewed within a week as a deadline was approaching. As always, they prepared the paperwork professionally and in an expedited manner. Our communication to confirm details was smooth and quick. In a matter of days, they submitted the trademark renewal request. The service of this group of professionals is excellent." O. Garcia
Trademark Lawyer Law Firm
3300 Washtenaw Ave. 2nd Floor #277
Ann Arbor, MI 48104 (888) 505-5102
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
What are Disclaimers for Trademarks?
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.
What is the Supplemental Registry?
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
What is the Date of First Use?
Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
What is the Renewal Timeframe for a Trademark?
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.
Meet Your Team
J.J. Lee
Principal and Founder
Erin C. Bray
Trademark Attorney
Experienced Trademark Attorneys Committed to Protecting Your Brand
Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.
