Copyright Infringement and Protection
Copyright Attorney at Law
I represent victims of copyright infringement whether applicable to protected creative works, intellectual, scientific, or artistic works. Some works protected under copyright law are book, poetry, theses, plays and manuscripts, other literary works, movies, dances, musical compositions, audio recordings, paintings, drawings, sculptures, photography, software, as well as radio and television broadcasts.
To protect your copyrighted works, you should be familiar with copyright law. Some reasons knowledge of copyright law is important are:
- Protection of your own creative, scientific or artistic works
- Using others' materials within the confines of copyright law
- Avoiding criminal prosecution or civil action
- Properly crediting artists, authors, inventors, or creators of a work
In some jurisdictions, what are considered "fair" exceptions to the author's exclusivity of copyright are allowed giving users limited rights. Due the development of the Internet, digital media, and computer network technologies such as peer-to-peer file sharing, reinterpretation of these exceptions has been necessary. The digital age has created new obstacles enforcing copyright laws, as well as challenges to the moral and philosophical basis of copyright law. Corporations or business entities that depend on copyright law have campaigned for expansion of copyrights. Additional legal technological enforcement has been called for, resulting in The Digital Millennium Copyright Act.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). DMCA criminalizes production and distribution of technology, devices, or services intended to circumvent measures that control access to copyrighted works. It also criminalizes the act of circumventing an access control or security measure, whether or not there is actual intellectual property infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. The Digital Millennium Copyright Act can apply to many types of digital intellectual property found or stored online including software, code, music, literature and other creative and scientific works.
Cease and Desist Requests
A cease and desist letter (C & D) is a request or order to stop an activity or practice, or else face legal action. A cease and desist letter or request can be sent to an individual, business entity or other organization.
"Cease and desist" may be used in two different circumstances. a cease-and-desist letter can be sent by anyone, although typically they are drafted by an intellectual property lawyer. Cease-and-desist orders can be issued by a judge or government authority.
A judge may issue a cease-and-desist order with the intent to halt an illegal activity. Government agencies may use cease and desist orders to stop or prevent the sale and of unregistered or fraudulent securities, dangerous or risky banking practices, or to enforce licensing statutes.
