Federal copyright law provides crucial protections for all kinds of creative artists, including authors, directors, musicians, painters, computer software developers, and architects. Most importantly, copyright protection ensures that no one can steal your work and attempt to profit from it without your consent. But what happens when another person or company ignores the law and infringes on your copyright? That’s when you need to speak with knowledgeable Dallas copyright lawyers who understand the nuances of intellectual property law and who can take swift legal action on your behalf.
You can contact Tauler Smith LLP to speak with a member of our Texas legal team today.
What Is Copyright Infringement?
Copyrights protect the authors of creative works by granting exclusive rights over the use of those works. This means that if another person or business wants to use the work, they will first need to secure the copyright holder’s consent. The idea behind copyright protection is that artists should feel free to innovate, create, and profit without having to worry about whether someone else will come along and steal their creation. That’s also why a copyright owner who believes that their work has been used without permission should speak with a Dallas copyright attorney who will take immediate legal action to protect the copyright, discourage future copyright violations, and get financial compensation for the violation that already occurred.
The statutory basis for federal copyright protection comes from the U.S. Copyright Act. The statute is often cited in legal claims for copyright infringement involving artistic works, such as novels, screenplays, songs, and movies. The law also protects other types of works, such as computer software or even architectural designs. Basically, any original work of authorship that has been set down in a tangible medium of expression is considered a protectable form of intellectual property under the law. The author or creative force behind the work has the exclusive right to reproduce it, perform it, display it, or distribute copies.
Copyright Protection & Enforcement in Dallas, TX
Although the law provides strong protections against copyright infringement, you will still need to be vigilant about enforcing your copyright. For example, if too much time goes by after someone first violates the copyright, you could lose the right to file a claim in court. There are also possible defenses that the other party could raise, such as the “fair use” defense when the work was used for news or educational purposes.
The complicated nature of intellectual property law can make it extremely difficult to prove a copyright infringement claim. The truth is that attempting to enforce your IP rights on your own could prove disastrous, particularly if the other party has experienced legal counsel on their side. That’s why you should speak with an attorney before making any final decision about how to proceed. A knowledgeable Dallas litigator can examine the specific facts of your case and help you determine whether legally actionable infringement has occurred.
Should You Register Your Work for Copyright Protection?
Although it is not technically necessary to register your work with the U.S. Copyright Office in order to get legal protection against copyright infringement, official registration does come with certain benefits unavailable to unregistered works. For example, registration can provide strong evidence in court that you are the lawful copyright holder if and when there is a dispute over ownership. Additionally, if you do file a copyright infringement claim and prevail at trial, you may be eligible to recover your attorney’s fees from the other party – but only if you’ve registered the work.
An experienced attorney can take a close look at your creative work and help you determine whether it makes sense to apply for copyright protection. In some circumstances, an attorney can help you file your application in a timely fashion and make sure that you meet all the requirements for approval. Once your work is registered, it will likely be easier to enforce if someone ever tries to violate the copyright by using the work without permission.
Duration of Copyright Protection
Another reason you need to take immediate action when your intellectual property rights have been violated is because time could be a factor. Copyright protection does not last forever. Moreover, the duration of copyright protection may be affected by the date on which the work was created and published. That’s why you should not wait to speak with a knowledgeable attorney who can examine your case and explain your legal rights. At the very least, you will then have a solid understanding of what protections are available and which actions you can take to further protect your copyright against unauthorized use.
Copyright Defense: Responding to Allegations of Copyright Infringement in Dallas
As intellectual property rights have become more and more valuable in recent years, there has been a rise in the number of copyright trolls who threaten to bring frivolous lawsuits. These unethical people are often represented by attorneys who specialize in this sort of thing, and they know how to take advantage of the law. Their goal is typically to send copyright demand letters and attempt to pressure lawful copyright holders into paying a quick cash settlement. If you received a cease & desist letter like this, you need to speak with a qualified lawyer immediately. The Dallas copyright infringement defense lawyers at Tauler Smith LLP know how to effectively combat these claims, and we can help you proactively respond to a copyright troll so that they go away forever.
About Dallas, Texas
Dallas is the county seat of Dallas County, and parts of the city also extend into Collin County, Denton County, Kaufman County, and Rockwall County. Dallas is a hot spot for business travel, with thousands of visitors coming to the city for company meetings and other functions. The Convention Center District in downtown Dallas is home to the Dallas Convention Center and the Kay Bailey Hutchison Convention Center, which is one of the nation’s largest convention centers. Also located in the city is the Omni Dallas Hotel.
Located at the midway point between Dallas and Fort Worth is the Dallas/Fort Worth International Airport, which is one of the busiest airports in the U.S. in terms of both passenger traffic and aircraft movement. On an annual basis, more than 60 million passengers travel through DFW Airport. The Airport is a hub for American Airlines, and it also serves as a hub for two cargo airlines: Ameriflight and UPS Airlines.
Contact the Dallas Copyright Attorneys at Tauler Smith LLP
If you believe that your creative rights have been violated, or if you have been accused of a copyright violation, the experienced Dallas intellectual property attorneys at Tauler Smith LLP are prepared to represent you. We have successfully represented numerous artists and other individuals in copyright cases throughout Texas. We can help you put a stop to copyright infringement and get you the financial compensation you deserve for any damage already done.