Copyright Litigation

Copyright Litigation

Mandour & Associates, APC is a copyright litigation law firm.  We handle copyright litigation and copyright infringement matters throughout Los Angeles, Orange County and San Diego.  If you are located outside southern California, we offer local counsel and pro hac vice services.

Copyright Litigation

When a registered copyright has been infringed, due to the availability of recovering statutory damages and attorneys fees, the injured party may chose to initiate the action by filing a Complaint in federal court.  In these instances, we are aggressive litigation attorneys and trial lawyers.

Copyright litigation begins with the filing of a Complaint.  Upon service of the Complaint, in federal court the defendant then has 21 days to file a responsive pleading which is usually either an Answer or a Motion to Dismiss.  Thereafter the parties engage in discovery which includes issuing and responding to discovery such as interrogatories and depositions.  The discovery phase of a copyright litigation matter can last several months and can be the most important part of a case.  When the discovery phase is complete, the case then proceeds toward summary judgment motions and trial.

In copyright litigation, two frequent issues that arise are whether substantial similarity exists between the two works and whether the alleged infringer had access to the original work.  It is plaintiff’s burden to prove both elements.  The damages available in copyright litigation include an injunction, damages, profits of the infringer, statutory damages, costs, and attorney’s fees.  Statutory damages and attorney’s fees are usually only available when the copyright at issue was registered prior to the infringement, though in the United States a three month grace period may exist.  The ability to recover statutory damages can be a great benefit because oftentimes in copyright infringement matters actual damages are difficult to prove.

For our complete litigation philosophy including a list of some of the infringement cases that we have handled in the past, please see our intellectual property litigation page.

If you are involved in a copyright litigation or copyright infringement matter, we recommend that you seek the advice of a copyright attorney at the earliest possibility.  If you are interested in having us assist you with a copyright litigation matter, please contact us.  We have offices in Los Angeles, Orange County and San Diego.