Here's How You Can Appeal a Copyright Infringement Claim
Disclaimer: This FAQ should not be construed as legal advice on any specific facts. The contents are intended for general informational purposes only. You are urged to consult your own solicitor on any specific legal questions you may have.
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Copyright Infringement is a serious legal issue. If you have been targeted by copyright infringement, you need to take action.
This blog will outline the steps to take to avoid financial penalties and protect your intellectual property. Knowing what to do when you're being sued for copyright infringement can help you save time and money.
With the help of this blog, you'll learn how to appeal a copyright infringement claim and win in court. Contact our team today for more information on copyright Infringement and what we can do for you!
An Introduction to Intellectual Property
Intellectual property is the legal term that indicates ownership over some form of intellectual production. Intellectual property can include inventions, designs, sculptures, art pieces, software codes and many other creations.
Intellectual Property Laws can range from federal protection to state laws which means it is important that you learn about your local laws before filing any claims if possible.
- Examples of Intellectual Property Violations:
- -Copying someone else's work and passing it off as your own;
- -Using another person's idea without his permission;
- -Appropriating somebody else's work for your profit;
- -Stealing someone else's artwork or design to sell it without his permission.
Legally Defining Copyright Infringement
Many people are confused about how copyright infringement is legally defined. Simply put, it is illegal to make copies of another person's work and distribute them without their permission.
You can read more on copyright infringement by taking a look at our FAQ here.
Remedies for Copyright Infringement Claims
There are several remedies for Copyright Infringements. Some of these remedies are statutory damages, actual damages, and attorney's fees. Depending on what type of infringement you have committed, it may be more difficult or expensive to get these remedies.
For instance, if you uploaded copyrighted photographs without authorisation, then you may need to pay an award of statutory damages for willful violations up to £150,000. However, if your infringement was innocent (in that it was not for commercial purposes), then you will only need to pay an award of statutory damages for unintentional violations up to £10,000.
Who Can Appeal Copyright Claims?
An individual can appeal copyright claims if they meet certain requirements, such as having legal standing, serving on behalf of another person who cannot serve themselves or cannot adequately represent their interests.
The defendant will be given copies of any documents filed with magistrate court or state district court within ten days after service upon them.
What are some examples of how to do so? There are two ways that one can do so. The first way is sending notice via certified mail to the Copyright owner's address listed on records at UKIPO and depositing copies into UK Mail which will be deemed delivered on the day following the deposit date.
What Happens If I Lose My Appeal?
If an individual fails to file an Appeal or submit the information that either proves they hold all rights in their intellectual property or shows that the company accusing them of infringing on intellectual property has those rights, they can be held liable for attorney's fees and costs related to pursuing their legal action against them.
Additionally, even if someone wins their case on appeal but was found guilty of Infringement during the early stages of litigation, there may be criminal consequences (such as jail time) imposed by courts upon them.
Who are you going to call?
As intellectual property specialists we recommend contacting our team immediately if you have been accused of copyright infringement, we will be able to mitigate the damages for you and help you every step of the way.
For more IP answers, review our FAQ section here.
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