Copyright Infringement Defense Attorney
At The Russell Firm, attorney Erin Russell represents clients facing copyright infringement claims and lawsuits. With extensive experience in intellectual property and internet-related disputes, Erin helps clients evaluate their legal options, protect their rights, and work toward the most favorable resolution possible.
Being accused of copyright infringement can be stressful, confusing, and potentially costly. Whether you received a demand letter, a subpoena from your internet service provider (ISP), or notice of a lawsuit, it is important to understand that an accusation does not automatically mean you are liable.
Copyright law protects original creative works, including books, articles, photographs, artwork, music, films, software code, and other forms of intellectual property. Copyright holders have the right to pursue legal action against individuals or businesses they believe have used their work without authorization.
At The Russell Firm, attorney Erin Russell represents clients facing copyright infringement claims and lawsuits. With extensive experience in intellectual property and internet-related disputes, Erin helps clients evaluate their legal options, protect their rights, and work toward the most favorable resolution possible.
What Is Copyright Infringement?
Copyright infringement occurs when someone reproduces, distributes, displays, performs, or creates derivative works from copyrighted material without the copyright owner’s permission. These claims can arise from a wide range of situations, including:
Federal copyright law allows copyright owners to seek damages for infringement. In some cases, statutory damages can reach up to $150,000 per infringed work. Because the potential consequences can be significant, it is important to take any copyright allegation seriously and seek legal guidance as early as possible.
Defenses to Copyright Infringement Claims
Every copyright infringement case is unique. Depending on the circumstances, several legal defenses may be available.
Misidentification
In some cases, a copyright owner identifies a defendant through an IP address or online account information. However, the person accused may not actually be the individual responsible for the alleged infringement.
Innocent Infringement
If you reasonably believed that the material was not protected by copyright, you may be able to argue innocent infringement. While this may not eliminate liability entirely, it can help reduce potential damages.
Fair Use
Certain uses of copyrighted works may qualify as fair use under federal law. Examples may include commentary, criticism, education, scholarship, research, or news reporting.
Authorization or License
If you had permission, a valid license, or authorization to use the work, the copyright owner’s claim may be significantly weakened or defeated altogether.
Statute of Limitations
Copyright claims must be filed within specific legal deadlines. If the applicable statute of limitations has expired, the claim may be barred.
BitTorrent Copyright Infringement Defense
BitTorrent-related copyright lawsuits have increased dramatically in recent years. Many individuals first learn of a claim when they receive a notice from their internet service provider stating that a copyright holder has requested subscriber information through a lawsuit. A typical BitTorrent case often follows a predictable sequence:
A copyright holder files a lawsuit against unknown internet users.
The plaintiff seeks permission from the court to subpoena subscriber information from an ISP.
The ISP sends notice to the subscriber informing them of the subpoena request.
The subscriber’s information may be disclosed if the court allows the subpoena.
The copyright holder may send a settlement demand or formally name the individual as a defendant.
Litigation proceeds if the matter is not resolved.
Many people assume they have no options once they receive notice from their ISP. In reality, there may be opportunities to evaluate defenses, negotiate a resolution, protect privacy interests, and develop an effective legal strategy.
What Should You Do If You Receive an ISP Notice?
If you receive a notice from your internet service provider regarding a copyright infringement claim, it is important not to ignore it. Acting quickly allows you to:
Every situation is different, and obtaining legal advice early can help you make informed decisions before the matter progresses further.
Why You Should Not Ignore a Copyright Claim
Ignoring a demand letter or lawsuit rarely makes the problem go away. If a lawsuit is filed and you fail to respond, the court may enter a default judgment against you. Once a judgment is entered, the plaintiff may be able to pursue collection efforts that could include wage garnishment, bank account levies, or other enforcement actions depending on the circumstances and applicable law.
Taking action early often provides the greatest opportunity to protect your rights and achieve a favorable outcome.
Why Choose The Russell Firm?
Attorney Erin Russell focuses her practice on intellectual property, internet-related disputes, and reputation protection matters. She has represented clients facing complex copyright infringement allegations and understands the unique challenges these cases present. Clients choose The Russell Firm because of its:
When you work with The Russell Firm, Erin personally handles your matter from beginning to end, ensuring that you receive experienced and attentive legal guidance throughout the process.
Frequently Asked Questions
Schedule a Free Consultation
If you have received a copyright infringement demand letter, ISP notice, settlement request, or lawsuit, do not wait to learn about your legal options. The Russell Firm offers experienced representation for individuals and businesses facing copyright infringement allegations and related intellectual property disputes.
Attorney Erin Russell personally handles every case and works directly with clients to develop practical solutions tailored to their unique circumstances. Contact The Russell Firm today to protect your rights, reputation, and future.