Finding Creative Solutions For Complex Intellectual Problems

San Francisco Copyright Lawyer: Multi-Million Dollar Results for High-Profile Clients

As a creator, you pour time, skill and money into your work. This could be a book, software, movie or building design. When someone uses your work without permission, it hurts your success. As a copyright lawyer in San Francisco, I focus on protecting your creations. I handle significant, complex cases to ensure justice.

As an intellectual property rights lawyer, I’ve been able to secure compensation for a variety of artists whose creative works have been infringed. This can happen through either licensing agreements or a successful lawsuit. If you are not sure what the best course of action is, I can assess your case and advise you on the best course of action to reach your goals.

If you think someone misused your work, I can review your case and suggest the best plan, like making a licensing deal or going to court. Don’t let copyright infringement lower your work’s worth. Contact me today at Fergus, A Law Office, to protect your rights in California.

What Is Copyright?

A copyright shields original creations fixed in a physical form. This includes books, software, films, music and building designs. It gives you, the creator, sole rights to copy, share, perform, show or make new versions of your work. In California, knowing these rights is key, especially in proving damages from copyright violations.

Not everything can get a copyright. Ideas, facts, short phrases, math formulas or federal papers don’t qualify. But they might be covered by patents, trademarks or trade secrets. As your copyright attorney, I can explain what protections fit your work.

Types Of Work That You Can Copyright

Copyrights are practical tools that identify the author of a creative work. They also restrict others from claiming ownership or misusing material. Some of the most common types of materials people copyright include:

Songs
Books
Poems
Architectural plans
Films
Logos
Jingles
Sculptural work
Some social media content, including original tweets

A copyright can protect these works as soon as the creator performs, records or writes them down.

It is crucial to note here that generally, the person who created the work will be the owner, but this is not always the case. An employer may own materials created by an employee or contractor, and the creator may transfer ownership to someone else.

That said, if you are the owner of copyrighted work, you have exclusive rights to reproduce, distribute the material. However, copyrights do not protect every creation or form of intellectual property.

What You Cannot Copyright

There are numerous things that you cannot copyright. These include:

Slogans
Algorithms
Facts and information
Fashion designs
Names
Domain names
Federal government documents
Recipes

Although you cannot copyright these materials, many of them can still be considered intellectual property that you may be able to protect with a patent, trademark or as a trade secret.

In other words, a copyright is not the only option parties have to protect their works and creations. However, if you do have material eligible for copyright, you would be wise to understand your rights as the owner and what happens if someone violates those rights.

Copyright Laws

Once you create your art, your piece is protected under copyright law. This allows you to do the following:

Display or perform the work in public
Distribute copies of the work to others
Prepare subsequent works based on the original piece
Reproduce the work

As a copyright owner, you may choose to allow others to perform these duties as well. For example, you may give someone the authority to reproduce your music or art.

Copyrighting Intellectual Property

Can we copyright intellectual property?

Intellectual property is often one of the most valuable assets a business or individual has. It can give owners a competitive edge or distinguish them from their competitors. It can be a source of revenue through licensing agreements. Thus, whatever form this property comes in, it can be crucial to protect it from misuse.

One way of protecting intellectual property is to copyright it.

Understanding Copyright Infringement

Copyright infringement occurs when someone uses your work without approval. They might copy, share or show it. For instance, a business could use your software code in their product. Or someone might publish your book without consent. To make a claim, you must show your work’s financial worth, like income or lost profits. Without clear income, proving damages is tough. That’s why you need a skilled copyright infringement attorney like me.

Registering your copyright boosts your case. It lets you seek statutory damages, plus attorney fees, from $200 to $150,000 per willful infringement. Even unregistered works are protected, but you must show real financial loss. I can guide you through these issues and build a strong case.

Landmark Cases

Significant copyright cases often involve vast amounts of money. I was co-lead counsel in In re Literary Works in Electronic Databases, MDL 1379, a global class action in New York’s federal court. I represented freelance writers against major publishers and databases. In 2013, we won a settlement of over $18 million.

Other examples of copyright infringement include using software in products without permission, copying building plans without credit or streaming films without a license. These cases show why a copyright infringement attorney must act fast to reduce losses and protect your work’s value.

Damages Available

Statutory And Actual Damages — What You Recover Depends On Whether You Copyrighted Your Work

There are two types of damages recoverable in a copyright lawsuit:

Statutory damages
Actual damages

If your work was used without permission within three months of publishing it and registering it with the United States Copyright Office, or if you registered your unpublished work prior to the theft, you may be entitled to recover statutory damages. Those damages may include:

Up to $30,000 per infringement, starting at $200 for an innocent infringement
Up to $150,000 per infringement, if the infringing use was willful
Attorney’s fees and expenses

If you have not registered your work, you still own the copyright, but statutory damages are not allowed. Instead, you could sue for actual damages — meaning you’d have to prove the amount of economic loss you suffered because of the impermissible use. Before you can recover any monetary losses, you must first register your work with the United States Copyright Office. If you are looking to copyright your work yourself, I am here to assist when you run into a problem.

Proving Damages In Copyright Cases

You must show your work’s financial value to win a copyright infringement lawsuit. This often comes from income like sales, licensing fees or other profits. Without clear proof of income or lost profits, getting damages is hard. I do detailed financial reviews to build your case. This holds infringers accountable for the harm they caused.

Don’t wait to enforce your rights. Delaying can weaken your claim and allow more misuse of your work. Contact me today for a consultation in California.

Enforcing Copyrights

Why it is crucial to enforce copyrights and other intellectual property

Intellectual property can be a driving factor in the success and competitiveness of a business. And when parties devote money, time, and other resources to creating that work, learning that someone is using that material for their own financial gain can be highly upsetting.

Taking swift, aggressive action to stop copyright infringement can be crucial in minimizing losses and preserving the integrity of the work. Often, this means working with an attorney to navigate the legal aspects of calling out the infringing activity and filing a civil claim against infringers.

When parties do not take action to enforce copyrights, they do not lose their copyright. However, they can lose money, particularly if they wait to file a civil claim. And when parties do not defend their copyrights, that material can become less valuable and distinguishing for the owner.

Copyright owners have the right to control who uses, distributes or reproduces their work. When an infringing party is reaping the financial rewards of someone else’s creation, they can and should be held accountable for the damage this causes.

Licensing Your Copyright For Revenue

Licensing your work can create steady income while keeping you in control. I’ve negotiated exclusive and nonexclusive licenses for many media types. Often, I turn unauthorized uses into profitable, long-term deals. A strong license creates income and sets your work’s value, which helps with future infringement claims.

Common Questions Regarding Copyright Law

Copyrights are designed to protect various types of creative works, including but not limited to movies, music, books, software and business materials.

While filing for a copyright isn’t necessarily a challenging process, there are a variety of questions you must address. Here are some of the most common questions:

What Is The Difference Between A Copyright And Patent?

Many people confuse the two, but there’s one primary difference. A copyright covers creative work itself, while a patent covers processes and products.

Is A Copyright A Necessity?

You’re under no legal obligation to file for a copyright, but it’s in your best interest if you want to protect against another party copying your creative work. For example, if you’re in the business of developing software, there may be times when you want to protect your intellectual property rights.

What Are Some Of The Things That A Copyright Doesn’t Protect?

A copyright is unable to protect ideas, facts or discoveries. Instead, it’s only meant to protect the way these things are described.

Who Is The Owner Of A Copyright?

This depends on many factors, but it’s typically the person who creates the work. In the event that an employee creates the work as part of their job, the employer may own the copyright.

Does A Copyright Last Forever?

Generally speaking, the answer is yes. For an individual, a copyright lasts for that person’s entire life, plus another 70 years. For anyone considered a non-person, the copyright lasts for the shorter of 120 years from creation or 95 years of first publication.

Just because you file for a copyright doesn’t mean you’ll receive approval. And even if you do receive approval, it doesn’t necessarily mean that others will respect it.

If you’re going to take the steps to obtain a copyright, you should get serious about protecting it against infringement. This occurs when another party infringes on your exclusive rights without permission.

It doesn’t matter if you’re filing for a copyright or protecting it against infringement, it’s imperative to understand your legal rights in California.

Recognized By Peers. Impressive Track Record.

With over 30 years of experience, I’m a well-known copyright attorney. I’ve worked with Fortune 500 companies, wealthy individuals and creators in major disputes. Since 2008, I’ve been listed in the Bar Register of Preeminent Lawyers. For over 20 years, I have been AV Preeminent* peer-review rated, the highest rating, through Martindale-Hubbell.

I helped win multimillion-dollar settlements, like the $18 million In re Literary Works case. My approach ensures you protect your work and recover the most compensation for damages. Whether negotiating licensing deals or fighting infringers in court, I can help you resolve significant San Francisco copyright cases.

Protect Your Creative Work. Contact San Francisco’s Trusted Copyright Lawyer

With an AV Preeminent* peer-review rating, the highest rating through Martindale-Hubbell®, and a history of multimillion-dollar victories, including the landmark $18 million In re Literary Works case, I deliver results in complex copyright disputes. From my San Francisco, California office, I serve clients nationwide. I protect their creations and fight copyright violations.

To schedule a consultation, call Fergus, A Law Office, at 866-256-5487 or contact my office online.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.