Monthly Archives: March 2010

Asked & Answered: Mechanics of copyright infringement suit.

Q: What are the mechanics of a copyright infringement law suit? How does it all work? As an example, let us say a non-U.S. based writer believes his work has been infringed by a person or entity in the U.S. Could a non-U.S. lawyer file suit? Where would the case be heard and what would be the approximate time line? What effect could the suit have on a company set to produce the disputed work?

A: OK, this question is actually much more complex than it might seem. It raises issues covered by several different fields of law. Copyright, Constitutional, Civil Procedure, and International Law, to mention a few. So, here's a very abbreviated summary.

First off, a work protected under another country's copyright law will (in almost all cases) be protected by U.S. copyright law as well. The U.S. is signatory to the Berne Convention, an international copyright law treaty, and has agreed to extend protection to works created by foreign authors.

Generally, an aggreived party (Plaintiff) can file suit for copyright infringement against a U.S. based infringer (Defendant) in the Federal Court district in which the Defendant resides, or where the Defendant has certain ‘minimum contacts'. (Copyright is federal law, so the federal courts have jurisdiction).

A non-us lawyer MAY be permitted to appear in U.S. Court, but this may depend on the local rules of court. (Federal court cases can be very tricky, though, so it's probably best to have a U.S. lawyer handle things, with the non-us lawyer sitting in the second chair.)

Filing a lawsuit involves preparation of a document called the “complaint” which details the particulars about the parties, and the facts giving rise to the claim(s). The complaint is then SERVED on the defendant by a process server, whereupon the defendant has a period of time (usually 20-30 days) in which to respond by filing an ‘answer' admitting or denying the facts alleged in the complaint. Once these ‘pleadings' are on file, the Court will hear various motions, permit the parties to engage in ‘discovery' of one-another's evidence, and ultimately set the matter for a trial. Typically cases take 1-3 years to make their way from initial filing to the trial, and verdict. If any issues are presented to the appeals courts, things may take several more years.

Generally, the mere pendency of a lawsuit will not legally prevent a producer from moving forward with a film, but the financial risks may lead the producer to drop the project or place it ‘on the shelf' pending resolution in the Courts. If appropriate, a plaintiff CAN ask the court to issue an injunction restraining the producer from proceeding, but such injunctions are rarely granted.

If you feel your work has been infringed, it's important to act swiftly to protect your rights. Some cases may be subject to a very short window of time in which you must file your claim, so contact a lawyer immediately when you learn of a possible infringement.

This is intended as general information only and does not establish an attorney-client relationship. It is not a substitute for a private, independent consultation with an attorney selected to advise you after a full investigation of the facts and law relevant to your matter. We will not be responsible for readers’ detrimental reliance upon the information appearing in this feature.


Thinking of Producing it yourself? subscribe to my FREE e-course “6 ways to Finance A Feature Film” by visiting https://firemark.com/minicourse

Entertainment Law Update Podcast – Episode 9, Olympic trademarks, album integrity, and more.

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  • Quick Takes
  • IP and the Olympicspro
  • Sculptural works, photographs and subsequent uses
  • Album Integrity in the age of digital downloads

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Tribal Leadership: David Logan’s TED talk

Here's an informative, inspriring and entertaining TED talk about leadership from my friend, Dave Logan.   The information here is useful for everyone. Worth the 16 minutes.

If you like what you hear from David, get his books:

Tribal Leadership: Leveraging Natural Groups to Build a Thriving Organization

and

The Three Laws of Performance: Rewriting the Future of Your Organization and Your Life (J-B Warren Bennis Series)

Disclosure:  Mr. Logan is a client of this firm, and the above links are amazon affiliate links.

Backlog at the Copyright office grows to two (2) years

According to Anthony Verna, who blogs at Trademark, Copyright, and Entertainment Law Forum, the Copyright office now reports that its backlog for registration of copyrights is now as long as two years. Given that copyright registration is a prerequisite to pursuing a copyright infringement lawsuit, it is very important that copyrights be registered as early… Continue Reading

Knowledgeable and respected

I recommend Gordon Firemark, having served with him for several years on the Beverly Hills Bar Association Executive Entertainment Committee, which he chaired, and have always found him to be a knowledgeable and respected entertainment attorney in many areas, including theatre.” Judith Dornstein (Entertainment Lawyer) Continue Reading

Asked & Answered: How to avoid being sued when basing characters on real people

Q: My current screenwriting project is taken from the old adage to “write what you know”.  As such, it is a story from my perspective, working in a medical office.  Many of the characters are either an amalgamation of patients, or possesses the characteristics of a single patient, that I have encountered over the years. … Continue Reading

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