U.S. copyright law exists to help you protect and profit from your creative works. But what happens if someone tries to copy or misuse your work for their own gain? These cases call for a highly experienced copyright litigation attorney in Houston.
At The Polasek Law Firm, we are here to help you protect what you have built and fight for your rights. As Houston copyright litigation lawyers, we can assist clients through complex copyright conflicts.
You Created Something Valuable and Deserving of Protection
Your writing, software, artwork, photos, videos, or designs represent your time, talent, and investment. When someone else uses your work without your permission, it’s not just unfair. It’s a violation of your legal rights. That’s where copyright law comes in.
What Does Copyright Law Protect?
Copyright law protects original works of authorship. This includes:
- Literary works (books, blogs, website content);
- Music and lyrics;
- Computer programs;
- Visual art, graphics, and photographs;
- Choreography, pantomimes, and stage plays;
- Movies, animations, and videos;
- Sound recordings;
- Digital content; and
- Architectural works.
Federal copyright law also protects compilations and derivative works created from any protected works listed above.
Copyrighted materials need only a minimal degree of creativity to warrant protection. However, some types of work, including lettering, names, slogans, ideas, principles, and concepts, are not considered creative by copyright law.
While you might not receive copyright protection for the above, you may have a right to protection under trademark or patent law. Our copyright litigation attorney in Houston can help you identify other intellectual property rights you might have for your creations and ideas.
There is no legal requirement to register your work in order to have protection. However, registration does give you important benefits, especially if you’re filing a lawsuit. We can help you with the process.
Copyright Trends in Texas
Texas is a creative place. In recent years, copyright litigation in Texas has seen a rise in cases. In fact, recently, Texas had the third-highest number of copyright filings in the country. Now that we know that Texas has been a hub for copyright activity, let’s look at what copyright litigation in Houston can mean.
Copyright Infringement Lawsuits: What You Need to Know
When someone uses your work without permission, or accuses you of doing the same, a Houston copyright litigation attorney can help you understand the situation, your rights, and your best next step.
Here’s what copyright infringement can include:
- Unauthorized copying, distribution, display, or performance of protected work;
- Creating unauthorized derivative works (like remixing music or adapting a script); or
- Posting someone else’s work online without proper rights or licenses.
Even unintentional use can lead to a legal claim; copyright law doesn’t require the infringer to act with intent.
CREATED SOMETHING WORTH PROTECTING?
Our Houston copyright attorneys help writers, artists, and innovators defend their creations and pursue justice when their work is copied or exploited. Talk to us today.
Defenses to Copyright Claims
Not every use of copyrighted work is unlawful. Common defenses include:
- Fair use (criticism, commentary, news reporting, teaching, research);
- Non-infringing use (use of unprotected ideas or public domain works);
- License or consent (you had permission); and
- Limited archiving and library reproduction.
These are just a handful of defenses that may be available if someone accuses you of infringement. At The Polasek Law Firm, our copyright litigation lawyer can evaluate all potential defenses and craft a strong legal strategy tailored to your situation.
Remedies Available in Copyright Litigation
If your rights have been violated under copyright law, you may be entitled to:
- Injunctions to stop further use of your work,
- Damages based on actual losses or statutory damages,
- Profits earned by the infringer,
- Impounding and destruction of infringing materials, and
- Attorney’s fees and costs.
Statutory damages can range from $750 to $30,000 per work and up to $150,000 if the infringement was willful. These remedies make copyright litigation a powerful tool when your work is misused.
Can Copyright Disputes Be Resolved Without Court?
Yes, and often, that’s the best place to start. Our Houston copyright litigation attorneys can resolve disputes through the following:
- Cease-and-desist letters,
- License negotiations,
- Settlement agreements, and
- Mediation or arbitration.
These approaches can save time, money, and stress. But if the other side won’t cooperate, or if significant harm has already occurred, we are fully prepared to represent you in court.
Why Choose The Polasek Law Firm?
The Polasek Law Firm brings over 30 years of litigation experience, including 25+ years focused on intellectual property law. We have litigated copyright, patent, trademark, and trade secret cases in courts across Texas and beyond.
When you work with our copyright litigation lawyers, you get:
- Personalized attention,
- Deep knowledge of copyright law and federal court procedures,
- Straightforward communication about the strength of your case and your options,
- Strategic and aggressive representation, and
- A track record of real and favorable results.
We understand how important your work is to you. Our job is to help you protect it, and we take that job seriously.
How Our Houston Copyright Litigation Attorneys Can Help
Whether you are a photographer, creator, a startup, an influencer, a software company, or an established brand, we are ready to help you:
- Stop infringing uses of your work,
- Respond to a cease-and-desist request or lawsuit,
- Navigate licensing or ownership disputes,
- Enforce your copyright in court, and
- Protect your digital content and other intellectual property.
No matter how complex your case is, we can guide you every step of the way.
Get the Best Houston, TX, Copyright Litigation Attorney on Your Side
Copyright law is complex. Your rights and business deserve an advocate who understands the details and knows how to win. Let a copyright litigation attorney in Houston from The Polasek Law Firm be your guide.
We are experienced, responsive, and results-driven. And most importantly, we care about protecting what’s yours. Call or contact us online today to schedule a consultation.
Resources:
- Subject matter of copyright: In general, 17 U.S.C. § 102 (December 2024), p. 8, link.
- Subject matter of copyright: Compilations and derivative works, 17 U.S.C. § 103 (December 2024), p. 9, link.
- Limitations on exclusive rights, 17 U.S.C. §§ 107-112 (December 2024), pp. 20-48, link.
- Remedies for Infringement, 17 U.S.C. §§ 502-505 (December 2024), pp. 201-204, link.