When a person creates an original work, they retain certain rights over their creation. The Library of Congress defines copyright as “a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression.” Protected works include novels, movies, music, artistic works, and even computer software. While formally registering a copyright is voluntary, you’ll need a registration if you need to ask a court to stop another party from infringing on your copyright. Since copyright infringement cases can be complicated, working with a knowledgeable intellectual property (IP) attorney can ease the process and ensure that you obtain a favorable outcome.
Assessing Whether Copyright Infringement Has Occurred
Enlisting the assistance of a skilled IP attorney can help you determine whether another party is infringing on your copyright. Under the Copyright Act of 1976, authors of original works retain exclusive rights over their creations, such as the right to perform, reproduce, or distribute the work. If someone else is taking any of these actions without your permission, they may be infringing on these rights. But what constitutes infringement isn’t always easy to determine. There are easy cases (like if someone posts one of your photos on their website without your permission) but there’s also a lot of gray area. An attorney can assess the specifics of your situation and recommend the best course of action.
Exploring Your Options for Dispute Resolution in Minneapolis
Once your attorney has determined that copyright infringement has occurred, you can discuss your options for addressing and resolving this issue. Filing a lawsuit against the infringing party will send a strong message, but there may be alternative ways to achieve your desired outcome. In some cases, people honestly don’t understand that they’re infringing; sending them a letter explaining the issue may prompt a productive conversation, allowing you to negotiate a settlement or resolution outside of a courtroom. Mediation also allows disputing parties to voice their perspectives and work together to achieve a workable solution such as a licensing agreement that sees you getting compensated for the use of your creative work.
Guiding You Towards a Successful Resolution
Facing an intellectual property dispute can be overwhelming and time-consuming, especially when you don’t have a thorough understanding of the complex laws governing such matters. Your IP attorney can answer your questions, address your concerns, and steer you towards your desired outcome. This IP dispute does not have to consume your life; instead, trust your attorney to guide you through the necessary steps while you continue to focus on other important aspects of your life.
To learn more about how the trusted and friendly IP attorneys at Rubric Legal LLC can help you resolve an intellectual property dispute in the Minneapolis area, call (612) 465-0074 today.