Injunctive Relief For Copyright Infringement In Michigan
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Actual damages can be very high, but they must be proved and can also be very low. 4) If you haven't registered your work before the infringement, and the value of the infringement is low, it may be best to seek a settlement before starting a lawsuit.
One remedy is injunctive relief, which restrains the defendant from future copying of the work. A preliminary injunction can be sought early in the case to restrain copying during the lawsuit.
If you are sued for copyright infringement, common defenses your attorney may be able to raise are: The statute of limitations has expired; You had no reason to know the work was protected by copyright; Your infringement is permitted under the doctrine of fair use; You created your work independently without copying; or.
The plaintiff in a copyright infringement lawsuit has the burden of proving two elements: that they own a copyright, and that the defendant infringed it. To establish ownership of a valid copyright, a plaintiff must demonstrate that the work is original, and that it is subject to legal protection.
Statutory damages are capped at $15,000 per infringed work (not per infringement) or $7,500 if the work wasn't timely registered (as described below under “Statutory Damages”). Actual damages are based on the loss or harm caused by the infringement or misrepresentation.
Defenses to Copyright Infringement Claims Fair use doctrine. Proof the work was independently created and not copied. Innocence (proving there was no reason to believe the work was copyrighted) The use is with a license agreement in place (this can shift liability to the licensor)
To bring an infringement claim, you must be the owner or exclusive licensee of the right in the work that was infringed at the time of infringement. If you created the work, it's likely you are the author and are (or at least initially were) the copyright owner.
The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works. The infringer can go to jail.
Infringer pays the actual dollar amount of damages and profits. The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts.
Although the test for obtaining a TRO or PI may vary slightly across jurisdictions, generally a plaintiff seeking preliminary injunctive relief must satisfy a four-factor test: (1) that he or she is likely to succeed on the merits of his claims; (2) that he or she is likely to suffer irreparable harm without ...
