Copyright Dispute Litigation

Infringement may include the unauthorized copying, distribution, display, adaptation, or performance of a protected work. Additionally, federal law prohibits the circumvention of technological protection measures (TPMs) designed to control access to copyrighted material, or the removal of rights management information (RMI) from a work, both of which also qualify as infringement under New York and federal standards. Rights holders must clearly document these specific actions to build a strong case for litigation.

Only original works of authorship fixed in a tangible medium are protected under copyright law and eligible for enforcement in a New York court. These protected categories are broad and include: literary works, musical compositions, dramatic works, pictorial and graphic works, audiovisual creations, architectural designs, and computer programs. Crucially, protection does not extend to fundamental ideas, procedures, methods of operation, or factual information, which remain in the public domain.

To establish infringement in court, a plaintiff must persuasively demonstrate three key elements. First, the plaintiff must prove ownership of a valid copyright in the work. Second, it must be shown that the defendant copied elements of the protected work. Finally, the copying must be proven to have been substantial, meaning the infringing work contains a substantial similarity to the protected, original elements of the plaintiff's work. Mere similarity is not sufficient—there must be evidence of access to the original work and content-based similarity to the protected elements.

While U.S. copyright protection begins automatically upon the work's creation, registration with the U.S. Copyright Office is an absolute requirement to file a lawsuit for infringement in a federal court, including those in New York. Without a valid registration certificate, a plaintiff is barred from pursuing the most powerful financial remedies, such as statutory damages and the recovery of attorney’s fees, making registration a critical pre-litigation step.

Civil litigation provides claimants with a comprehensive toolkit of remedies to address the harm caused by infringement. Claimants can seek Actual damages (the financial loss directly suffered by the rights holder) and the Infringer’s profits (any unjust enrichment gained from the unauthorized use). If the work was registered on time, the plaintiff may elect for Statutory damages, which range from $750 to $30,000 per work, or up to $150,000 for willful infringement. Furthermore, courts can issue Injunctive relief to immediately stop ongoing use and may order the Destruction or seizure of all infringing materials.

Courts thoroughly examine specific criteria to calculate appropriate actual damages in a New York copyright dispute. These considerations include: Lost licensing opportunities (revenue the plaintiff could have reasonably earned), the Market substitution impact (whether the defendant's use directly replaced legitimate sales), the Infringer’s gained revenue (how much profit was attributable to the infringement itself), and the Degree of willfulness (whether the infringement was intentional or malicious). Statutory damages, if applicable, may be increased significantly if the plaintiff successfully proves the infringement was willful, especially in a commercial context where the defendant stood to gain substantial profit.

The basic process for civil claims in New York begins with Filing a complaint in the appropriate U.S. District Court, which asserts the claim of infringement and requests relief. Next, the plaintiff is responsible for Serving the defendant with the complaint and summons within the legal deadline to establish jurisdiction. This leads to the Discovery phase, where both parties exchange evidence and information. If the case is not resolved by settlement, it may proceed to Motions and trial, culminating in a final Judgment, and potentially post-trial motions or appeals.

In the most egregious or repetitive cases, copyright violations may also trigger criminal prosecution by federal authorities. Criminal enforcement is reserved for situations where the infringement is proven to be willful and for commercial advantage or private financial gain. This typically involves the unauthorized reproduction or distribution of a substantial number of copies of one or more copyrighted works with a retail value exceeding a certain threshold. These serious cases are handled exclusively by federal prosecutors, primarily under 17 U.S. Code § 506 and other applicable criminal statutes, rather than state courts.