Entertainment law and the preliminary injunction

| Jan 17, 2019 | Entertainment Law |

Those who enter into the realm of entertainment typically wind up possessing a bundle of rights. An individual may acquire copyrights to a number of creative works, but the protections don’t end there. For example, an individual has the right to prevent others from benefiting from his or her likeness without authorization. Personality and life rights can have tremendous value, too, so those who infringe on those rights can wind up stealing significant financial resources.

Once these violations are spotted, legal action can be taken. However, the legal process can take some time to play out. So what happens to the wrongful use of a copyright, likeness, or personality? Well, unless additional legal action is taken, a defendant can continue to use them until it is proven that such use is wrongful in nature. By seeking a preliminary injunction, though, an individual may be able to put a halt to such action until pending litigation is decided.

In California, there are certain legal elements that must be met before a preliminary injunction will be issued. Generally speaking, though, an individual seeking an injunction must show that the other party is committing some act that violates his or her rights that are subject to the litigation. He or she usually must also show that there is a likelihood of success on the merits of the case and that irreparable harm will occur if the preliminary injunction is not provided.

Obtaining a preliminary injunction can be an important first step in litigating copyright infringement and violations of other entertainment rights. It can protect one’s reputation and right to financial compensation while preserving the underlying claim. This is often a delicate process that is met head on with aggressive defense tactics, which means that Californians who are considering this type of relief need to understand the law and utilize it as fully as possible to their advantage. Experienced attorneys stand ready to help with this process.

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