What Defense Can I Take Against a Copyright Infringement Allegation?

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When a copyright infringement allegation is made, it is a difficult situation for both parties involved. Notably, the Ingber Law Firm has experience on both sides of this case. Continue reading to learn what defense you can take if you have a copyright infringement allegation against you and how a skilled New Jersey intellectual property litigation lawyer can help build your legal strategy.

What is copyright infringement?

Put simply, copyright infringement is an outside party’s use of a property, protected by copyright law, without the required permission of its owner. Such “use” can be seen through the unauthorized reproduction, distribution, adaption, public performance, or public display of the property. And by doing so, the outside party has infringed¬†upon the exclusive rights that the owner has been granted.

When an infringement on a property occurs, a creator’s work can be devalued, and the damages they experience can be incalculable. On the other hand, the alleged infringer of the property can face serious statutory penalties.

What defense can I take if I have a copyright infringement allegation against me?

If you have a copyright infringement allegation against you, the first thing you should do is retain the services of a competent New Jersey intellectual property litigation lawyer. From here, we will do everything in our power to negotiate a mutually beneficial licensing agreement. However, if litigation becomes necessary, we will work on your behalf in building a legal defense.

With that being said, below are some of the potential defenses that you can take against your copyright infringement allegation:

  • The copyright is invalid: you may argue that the plaintiff does not own the copyright or that the property’s contents are not copyrightable.
  • The property belongs to the public domain: you may argue that the plaintiff cannot claim copyright if some of the property’s contents are in the public domain.
  • The property has permissible copying: you may argue that the portion of the copied property is not protectable material.
  • The property has fair use: you may argue that the portion of the copied property is protected.
  • The court has no jurisdiction: you may argue that the court cannot take on this case because the copyright was not properly registered.
  • You have an independent creation: you may argue that you created a similar work without knowing that the plaintiff’s work existed.
  • You were granted permission: you may argue that the owner granted you a license to use their property.
  • The statute of limitations has passed: you may argue that more than three years have already passed since the time of the alleged infringement.

For the next steps, schedule your initial consultation with our firm today.