Trusted Copyright Litigation Practice
Copyright Enforcement Process
As federal courts have exclusive jurisdiction over copyright claims we file all copyright infringement lawsuits in federal court. In terms of which federal court the copyright lawsuit must be filed, venue for such litigation may be where the defendant is found or where infringing acts occur. We diligently research your copyright infringement and pursue the best avenue to win your case. The Tracy Firm’s copyright infringement attorney, as he is filing a copyright lawsuit would allege ownership of a copyright and infringement of that copyright. Note that registration of a copyright is a requirement for filing suit for copyright infringement. However, there is no requirement that registration of the copyright predate the infringement that is the subject matter of the litigation. So if you did not register your work we will also assist you in doing so.
Infringement can precede registration, but registration is a pre-condition for the lawsuit. As a general matter, a copyright owner can file suit based on a copyright registration application, even if the application has not yet been approved. Federal law provides damages and relief for the unauthorized exercise of one of the exclusive rights that copyright owners have under 17 U.S.C. § 106, including:
(1) the right to reproduce the work in copies,
(2) the right to prepare derivative works based upon the copyrighted work, and
(3) the right to distribute copies to the public by sale or other transfer of ownership, or by renting, leasing or lending.
We are well-versed legal scholars in both in Title 17 of the United States Code that outlines United States copyright law and its Statutory Enactments Contained in it, like the Artists’ Rights and Theft Prevention Act of 2005. As an intellectual property law firm we help you protect your patents, trademarks, trade secrets & copyright.
Free Initial Consultation Regarding your Copyright Infringement Case
Click Here to Contact a copyright infringement attorney at The Tracy Firm, Ltd., to discuss your case or call us toll free at 1.888.978.9901.
Intellectual Property Practice Areas
The Tracy Firm, Ltd. represents clients on the ways in which a copyright protection and enforcement strategy can add value to their ventures. To maximize the enforceability of a copyright, we consult with clients to decide whether copyright registration would be a good investment for a given business and how this relates to the rest of a company’s intellectual property portfolio and its business plan.
With decades of law practice and hands-on experience as real world businesspeople, the intellectual property attorneys at The Tracy Firm, Ltd., partner with our clients to deliver best legal counsel to protect and maximize your most valuable assets — your intellectual property.
The Tracy Firm, Ltd. attorneys provide a comprehensive evaluation of a business’ patent portfolio, either a portfolio already owned, or a portfolio being considered as part of a future investment. In addition, our proven patent attorneys offer patent portfolio management as well as post-grant review and patent infringement analyses.
As your own trade secret legal counsel, Tracy Firm advises businesses concerning their trade secret policies and procedures including employee agreements and interactions with third parties. We provide legal advice that is informed by real-world business practices when advising clients regarding their trade secret assets.
Our firm provides intelligent legal representation that is coordinated with the business’ branding strategy. In doing so, Tracy Firm ensures that its trademark legal advice functions as part of a larger collaborative process in which the firm works with its clients to craft creative branding strategies.
Copyrights Historical Importance
Artists’ struggle to protect their intellectual and artistic properties has a long history. One of the oldest conventions governing intellectual property is the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886. Best known as The Berne Convention, it was completed at Paris on May 4, 1896.
Mr. Claude Masouyé, Director of the Copyright and Public Information Department of
The International Bureau of WIPO wrote, in his Guide to the Berne Convention: “Copyright, for its part, constitutes an essential element in the development process. Experience has shown that the enrichment of the national cultural heritage depends directly on the level of protection afforded to literary and artistic works. The higher the level, the greater the encouragement for authors to create; the greater the number of a country’s intellectual creations, the higher its renown the greater the number of productions in literature and the arts, the more numerous their auxiliaries in the book, record and entertainment industries; and indeed, in the final analysis, encouragement of intellectual creation is one of the basic prerequisites of all social, economic and cultural development.”
The Constitution of the United States, going back to the 1787, in its Artile I, Section *, Clause 8 stipulates: “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” (check out the Cornell Law page, here)
But the copyright law goes even further back in the past: “The history of American copyright law originated with the introduction of the printing press to England in the late fifteenth century. As the number of presses grew, authorities sought to control the publication of books by granting printers a near monopoly on publishing in England. The Licensing Act of 1662 confirmed that monopoly and established a register of licensed books to be administered by the Stationers’ Company, a group of printers with the authority to censor publications.”
Source of the quote is the Copyright Timeline: A History of Copyright in the United States) which represeants a wealth of the copyright history related information we recommend to anyone interested in the historic aspects of the copyright law.