Intellectual property is valuable to a business which is why it needs to be protected. Copyright law in the state of California allows owners of intellectual property specific rights including:
- Owners can reproduce their property in any way they want.
- Owners have control over their property and they are able to sell it, put it on display, or offer it to whoever they choose.
- Owners can use their property as motivation to create another type of piece dependant on the original work. The owner can also change the medium of their property.
- Owners can choose to put their work on public display through any means they want to use.
- Owers can put their property into production by means of public performance.
If your intellectual property has been infringed upon in California, you can take legal action to remedy the situation. Call the California business attorneys at the Leiva Law Firm if you believe that your intellectual property has been or is being used unlawfully and without your consent.
What Damages Can You Recover From California Copyright Laws?
Copyright infringement happens when one party takes and uses the intellectual property of another without the owner’s permission. An example of copyright infringement in California would be if you painted an exact copy of a picture that was created by another person and then made money from its sale. There have been several notable examples of copyright infringement with music. One of the most popular being The Verve and the Rolling Stones. The Verve created the song Biggersweet Symphony which was a huge hit. But the song had four seconds of The Last Time, which was a Rolling Stones song. The courts decided that the song belonged to The Rolling Stones and ultimately, The Verve lost all rights to their song. Mick Jagger and Keith Richards were then credited with creating the music.
There are exceptions to copyrights in California. The intellectual property of one party can be considered under the Fair Use clause or be a part of the public domain and then in these instances, protections through copyright laws would not exist.
When true copyright infringement in California takes place, the owner of the property that was improperly used can insist that the illegitimate work be taken down or destroyed. In addition to getting rid of the unsanctioned work, an owner can have other actions take place including:
- Being paid any money that was profited from illegal work.
- Having all court and legal fees paid for with regard to the attempts of the owner to enforce copyright laws.
- Monetary damages could be as high as $150,000.
- Prison for the party that unlawfully used property.
Speak to a Copyright Lawyer in California
The Los Angeles copyright lawyers at Leiva Law can help you find the appropriate resolution for your situation if you have had to deal with another party using your property inappropriately and without your consent. Sometimes, these matters can be worked out fairly easily. Other times, the process is a fight and when this happens you must have the most skilled and proficient Los Angeles business attorneys on your side. Call the Leiva Law Firm today to schedule a free consultation at (818) 519-4465.