Copyright Protection & Enforcement Attorney in New Jersey

A Step-by-Step Guide to Filing a Copyright Infringement and Enforcement Case

Copyright infringement occurs when someone uses your copyrighted work without authorization, violating your exclusive rights as the owner. Enforcing those rights through legal action can be necessary to protect your intellectual property. This guide outlines the steps involved, from identifying infringement to filing a case in federal court.

Step 1: Confirm Copyright Ownership and Registration

Before taking any legal action, ensure you own the copyright to the work in question. Copyright protection is automatic from the moment a work is created and fixed in a tangible medium, but registering your copyright with the U.S. Copyright Office strengthens your case. Registered works allow for statutory damages and attorney’s fees if the court rules in your favor.

Key Consideration

Registration is generally required to file a copyright infringement lawsuit in the U.S. If your work isn’t registered, you’ll need to complete this step first.

Step 2: Identify the Infringement

Carefully evaluate whether the unauthorized use qualifies as infringement. Common forms include reproducing, distributing, performing, displaying, or creating derivative works based on your original work without permission.

Examples of copyright infringement include: 

• A competitor uses your original photos for marketing without credit or consent.
• Your music track is used in another creator’s video without licensing.
• Your written content appears word-for-word on another website or publication.

Document all evidence of infringement, such as screenshots, timestamps, and URLs. This information will be crucial in proving your case.

Step 3: Issue a Cease-and-Desist Letter

Before escalating to legal action, consider sending a cease-and-desist letter. This formal notification informs the alleged infringer of their violation and requests they stop using your work.

Why Start Here?

Negotiating a resolution outside of court can save time and money. Additionally, demonstrating good-faith efforts to resolve the issue may be reflected positively in court if the matter progresses further.

Step 4: Consult an Attorney

Intellectual property law is complex. Consulting with a copyright attorney can help you evaluate the strength of your claim and determine the best course of action. Law firms in New Jersey, particularly Bergen County, often handle federal copyright cases.

The benefits of trusted legal counsel include: 

• Expertise in navigating complex copyright laws.
• Guidance in gathering additional evidence to support your case.
• Representation during negotiations or litigation.

Step 5: File a Copyright Complaint in Federal Court

If the issue isn’t resolved through negotiation, you may proceed with a lawsuit. Copyright infringement cases fall under federal jurisdiction and are typically filed in a U.S. District Court. For New Jersey residents, lawsuits are often filed in the District of New Jersey.

When you file a copyright complaint, you should include the following:

• Proof of copyright ownership (e.g., registration certificate).
• A detailed description of the infringement and evidence to substantiate your claims.
• A request for damages may include actual damages, lost profits, or statutory damages in cases of registered works.

Your attorney will assist in drafting and filing the complaint, ensuring accuracy and adherence to legal standards.

Step 6: Serve the Defendant

Once the case is filed, the court will require you to serve the defendant with a copy of the copyright complaint. This officially informs them of the lawsuit and allows them to respond.

Step 7: Prepare for Discovery and Litigation

The discovery phase involves both parties exchanging evidence and key documents. Be prepared to provide all relevant materials supporting your case. Litigation may be required if the defendant disputes the claim.

Alternatives to Litigation

Settlements can often be reached before trial begins. Negotiating an agreement that satisfies both parties may avoid prolonged legal proceedings.