Why Photographers Need Copyright Infringement Lawyers
Professional photographers work tirelessly to create images that can inspire us or capture memories to last a lifetime. Our copyright attorneys understand the time, effort, and skill that goes into creating original work.
We know how important it is for creative professionals to be able to make a living by selling their work and getting compensated when someone uses it without permission.
Our copyright infringement attorneys also work tirelessly – to address copyright infringement, provide legal advice, and file copyright claims for our clients, many of whom are photographers who discover the unauthorized use of their work.
What Does The Copyright Act Provide For Photographers?
Most photographers love creating their art but also understand that “business is business.” Copyright laws exist to protect artists’ control over their original creations. It ensures copyright owners have exclusive rights to decide what happens to their work – including who may use it and how.
The holder of a copyright has the exclusive right to grant permission to use their work, usually in the form of licenses. A copyright owner can set the terms of compensation and the scope of usage of the materials.
Under copyright law, professional photographers and other artists have the right to file a copyright infringement case in federal court when someone uses their work in violation of a licensing agreement or without permission at all. Without copyright protection, artists might not have the incentive to continue creating.
Should Photographers Register Their Copyrights?
Copyright is automatic, which means that photographers don’t have to register their work with the copyright office to hold valid copyright.
That being said, photographers should apply for copyright registration with the U.S. Copyright Office.
Why register your copyright? Registering copyright can make it easier to prove ownership if copyright infringement occurs. It also creates a public record of the copyright, so people will know if your work is protected.
Registering can also allow you to collect attorneys’ fees and statutory damages if you file a copyright infringement lawsuit. Registration is not required for photographers to enforce their copyrights. It can, however, make it easier.
What is Copyright Infringement?
Copyright infringement occurs when anyone violates the exclusive rights of the copyright holder. Basically, copyright law protects “authors,” including photographers and other creative artists who create original works.
Copyright gives photographers and creative professionals the authority to prohibit others from duplicating or revising their work without their permission.
What Are Some Examples of Copyright Infringement?
Some common examples of copyright infringement that our copyright infringement attorneys see include:
- Copying or distributing another’s pictures without permission
- Reproducing photographs in magazines, books, or other publications without permission
- Using a photograph in a way that is likely to cause confusion about whether the person using it is the copyright holder or not
- Creating derivative works based on someone else’s photograph, such as editing their work or creating a painting based on one of their photographs.
- Unauthorized use of photographs, such as logos, memes, or other images on social media sites
- Using a photograph in an advertisement or promotional materials without permission
These are some examples of situations that form the basis of the copyright infringement claims our copyright attorneys handle on a regular basis.
Seeking Compensation for Copyright Infringement
If a photographer’s work is copied without permission, the photographer has every right to seek compensation by filing a lawsuit in federal court.
If you believe that your copyrighted picture has been duplicated or distributed without permission, our copyright infringement lawyers for photographers can guide you through the process of filing a copyright infringement lawsuit.
You might have several causes of action that can fall under different sections of copyright law.
For example, you might have a claim under the Digital Millennium Copyright Act, a claim for willful infringement, actual damages, or be able to recover statutory damages.
We can also anticipate any defenses the infringing party might allege, such as “fair use.”
We can determine the way to help you obtain the maximum damages allowed in copyright litigation.
What Can Our Copyright Infringement Attorneys Do For You?
Our copyright infringement lawyers work hard to protect our clients’ copyrights. We can also help creative professionals who have had their work stolen by performing the following services:
- Sending cease-and-desist letters and contacting offending parties on behalf of our clients
- Filing copyright infringement lawsuits in Federal Court
- Sending a demand letter to remove a picture from a website
- Reaching out to third parties who might also be accountable for infringement or who can provide evidence to help with your infringement claim.
- Seeking the maximum compensation for damages, which can include actual damages and legal fees. Registering copyright can allow a photographer to receive statutory damages up to $150,000 per work infringed if certain conditions are met.
Our Copyright Infringement Attorneys Ensure Photographers Receive Compensation For Their Work
Photographers need our copyright infringement lawyers because we are dedicated to standing up for their rights. We understand how challenging it can be to maintain control over your original work, especially in the digital age when it takes only a few seconds to copy and distribute something on the Internet or social media.
Some good news for you is that our lawyers know our way around the federal courts and have unparalleled experience providing legal advice to creative professionals regarding copyright infringement.
More good news? Our copyright lawyers work on a contingency fee basis. What is a contingency fee basis? It means we do not get paid until you win your case.
Call Liebowitz Law Firm, PLLC For a Free Consultation
Our firm has experience handling copyright infringement cases and helping clients receive the compensation they deserve. Let us navigate your court case and ensure you collect the maximum amount of damages allowed by law.
Call us today at 800-778-1660 to schedule your initial consultation. If you are a copyright holder and think someone is using your work without permission, call Liebowitz Law Firm, PLLC, now to find out how we can help protect your rights.