If someone uses your original work without permission, you may be able to enforce your rights against the infringer through copyright litigation. To begin the copyright lawsuit process, explained in detail in this article, you file a copyright infringement lawsuit in federal court. Copyright law allows courts to award damages and issue orders requiring the infringer to stop using your work.
At The Polasek Law Firm, PLLC (TPLF), we focus on protecting intellectual property through litigation. With over 30 years of litigation experience, including over 25 years handling patent, trade secret, trademark, copyright, and other commercial disputes, our firm represents individuals and companies nationwide. We understand the technical, creative, and business challenges that arise in intellectual property cases and offer effective strategies to safeguard your rights.
What Copyrights Do
Copyright protects original works of authorship that you record in physical or digital form. Protection begins automatically as soon as you create and fix a work in a tangible form.
As the copyright holder, you gain the exclusive right to:
- Reproduce the work, including making copies in any format;
- Distribute the work by selling, sharing, or licensing it;
- Display or perform the work publicly;
- Create derivative works, such as adaptations, translations, or modifications; and
- Authorize others to use the work through licenses or permissions.
These rights allow you to decide who can use your work and under what conditions.
Protected Works
A wide range of creative works qualify for copyright protection, covering artistic and practical expressions of creativity, including:
- Software and source code;
- Photographs, videos, and visual art;
- Books, articles, and marketing content;
- Music and sound recordings; and
- Architectural works.
Because copyright applies to such a range of creative expressions, nearly any original work fixed in a tangible form—artistic, literary, musical, or digital—may qualify for protection.
Copyright Registration
You do not have to take extra steps to hold a copyright in your works. However, registering your work with the U.S. Copyright Office gives you additional rights that are essential to copyright litigation. Registration allows you to file a lawsuit in federal court and may entitle you to statutory damages and attorney’s fees, which are unavailable for unregistered works.
Unlike trademarks, unregistered copyrights are not geographically limited to your area. Your work is protected nationwide from the moment you record it. However, you cannot bring an infringement lawsuit in federal court until you register the work with the U.S. Copyright Office.
What Is Copyright Litigation?
Copyright litigation is the process of resolving disputes related to the use of copyrighted works in court. It generally centers on copyright infringement, which involves someone exercising one or more of your exclusive rights to your work without your permission.
Copyright holders often try to resolve disputes informally, before filing a lawsuit. They may start by sending a request to stop the use, issuing a cease-and-desist letter, or negotiating directly with the infringer. If the infringer continues to infringe, the next step to enforce copyrights is filing a lawsuit.
Copyright Litigation in Texas Federal Courts
Because copyright law is federal, lawsuits are filed in one of Texas’s four federal district courts, the Northern, Southern, Eastern, or Western District. The Southern District of Texas, which includes Houston, regularly hears copyright disputes. The Eastern District of Texas is also nationally known for handling complex intellectual property cases.
For Texas business owners, this means your dispute will be heard locally but under federal law. In some cases, copyright claims may also be combined with related Texas state-law claims, such as unfair competition or breach of contract, depending on the facts.
How Copyright Lawsuits Work
The process of copyright lawsuits generally varies little. They usually begin with the copyright holder filing a document called a complaint in a federal court and end with a settlement or trial.
Filing and Pleadings
Copyright litigation begins when the copyright holder files a complaint. The complaint:
- Identifies the work and establishes that you hold its copyright,
- Explains how the defendant infringed your copyright, and
- Requests specific remedies such as financial damages or an injunction to stop the use.
The defendant then files a document called an answer, where they officially admit or deny what you claim occurred.
Discovery
During discovery, both sides exchange information and evidence. You may request physical or electronic evidence, send “interrogatories” to ask questions, or take “depositions,” where witnesses provide sworn testimony outside of court.
Motions
Before trial, either party may file motions, which are formal requests asking the judge to decide on specific issues. For example, a party may submit a motion arguing that the case’s proper outcome is obvious based on undisputed evidence and request that the court issue a ruling in their favor.
Negotiations and Alternative Dispute Resolution
Most lawsuits settle, including copyright suits. Copyright holders and alleged infringers may settle at any time during the copyright litigation process, from before they file to moments before a verdict.
Parties may negotiate directly through their attorneys or use alternative dispute resolution methods. These methods typically involve mediation, where a neutral third party helps the parties reach an agreement, and arbitration, where a neutral decision-maker hears both sides and issues a binding ruling outside of court.
Trial
If the parties do not settle, the case proceeds to trial. Both sides present evidence by introducing documents and offering testimony.
Once they conclude, a judge or jury decides whether the defendant infringed the copyright. If so, the decision maker determines how much compensation you should receive, orders the infringer to cease using the work, or both.
Defenses in Copyright Litigation
In a copyright lawsuit, the alleged infringer may defend against infringement allegations by claiming, for example:
- Fair use—they used the work legally for commentary, criticism, education, or parody;
- Independent creation—they created their work separately, without copying;
- Lack of originality—the allegedly copyrighted work does not qualify for copyright protection because it lacks creativity; or
- Expired or invalid copyright—registration is defective, or the work has entered the public domain.
Defending against allegations of copyright infringement is just as much a part of the copyright litigation process as enforcing copyrights.
How Much Is a Copyright Lawsuit Worth?
Copyright lawsuits can be worth a few hundred dollars to hundreds of thousands, depending on what the copyright covers and how the infringer used it.
Courts may award several types of damages:
- Actual damages—financial losses suffered plus the infringer’s profits;
- Statutory damages—damages between $750 and $30,000 per work infringed, regardless of actual losses; and
- Enhanced statutory damages—increased damages up to $150,000 per work if the court finds the infringement was willful or intentional.
Courts may also order the losing party to pay attorney’s fees, which cover the cost of hiring a lawyer.
Protecting Your Rights Through Copyright Litigation
At TPLF, we dedicate our practice to intellectual property disputes, including copyright litigation. With over 25 years of focused experience and deep technical knowledge, we handle disputes across many industries. We offer free initial consultations and represent clients nationwide from our Texas office.
If you believe someone has used your copyrighted work without permission, contact a Houston copyright litigation attorney at The Polasek Law Firm today to discuss your options.
Ted Polasek
Ted was a founding partner of Polasek, Quisenberry & Errington, L.L.P. (PQE), a firm that represented patent owners and companies accused of patent infringement. For nearly 25 years, Ted’s core practice has been litigating patent infringement cases, for hourly and clients on a contingent fee or other result-oriented basis. Ted attended the South Texas College of Law and graduated cum laude with his Juris Doctorate in 1990 and received a B.S. in Chemical Engineering from the University of Texas.
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