Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Basics of copyright infringement litigation

People in Florida have various ideas for different products, write books and other types of written articles, write songs and music and create other types of art as well. People should get the credit and any income that may come from these various creations. Therefore, people who create new things can copyright or patent the creations to prevent others from stealing them and using them as their own. However, even when creations are protected through copyrights and patents others may still try to use them to make money.

If this occurs the owner of the copyright may have a copyright infringement claim. Copyright infringement includes but is not limited to doing the following actions without the consent of the owner: copying or reproducing work; translating it into a different language, developing a book into a movie; selling the original work; performing the work in public or displaying it in public and other actions without the permission of the owner.

There are some defenses to copyright infringement though. The main defense is that others can make comments about it, report on it for news purposes, and use it for research and other reasons that do not include using it as one's own work. In determining whether the person could use this type of defense there are factors that judges will analyze. One is the nature of the work such as whether it is designed for commercial use or just artistic purposes, the nature of the reason for the copying, the amount of the work that was copied, the effect the copying had on the marketing of the original and others.

There are many original works of literature, art, music and other types works created in Florida each year. Many of the owners of these works do so for the purpose of making money and to protect their creations will copyright the work so they are the only ones who can sell the work. If others copy their work, the owner may have a copyright infringement claim and the person who copied it may need to compensate the owner. Experienced attorneys understand this complicated area of the law and may be able to protect one's rights.

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