Skip to main content
contact us

Copyright SJKP LLP Law Firm all rights reserved

Looking for a Copyright Infringement Attorney

Author : Donghoo Sohn, Esq.



A copyright infringement attorney specializes in protecting intellectual property rights and defending clients against unauthorized use of creative works. Copyright infringement occurs when someone reproduces, distributes, or displays copyrighted material without permission from the copyright holder. In New York, copyright infringement attorney services help businesses and individuals navigate complex federal and state laws governing intellectual property protection. This comprehensive guide explains the role of a copyright infringement attorney, relevant legal frameworks, and how these professionals help resolve disputes.

Contents


1. Copyright Infringement Attorney in New York : Understanding Copyright Protection


Copyright protection under federal law, specifically 17 U.S.C. § 101 et seq., grants creators exclusive rights to their original works. A copyright infringement attorney helps clients understand these protections and their obligations. When copyright infringement occurs, the copyright holder may pursue legal action to stop unauthorized use and seek damages for losses incurred.


Federal Copyright Framework and Legal Basis


The Copyright Act establishes the foundation for copyright infringement claims in the United States. Copyright protection automatically attaches to original works of authorship fixed in a tangible medium of expression, including literary works, musical compositions, dramatic works, choreography, pictorial and graphic works, sculptures, motion pictures, sound recordings, and architectural works. Federal courts have jurisdiction over copyright infringement cases, and damages can include actual damages, profits gained by the infringer, or statutory damages ranging from seven hundred fifty dollars to thirty thousand dollars per work infringed, or up to one hundred fifty thousand dollars for willful infringement. A copyright infringement attorney works with federal courts and understands the procedural requirements for filing complaints, responding to motions, and presenting evidence at trial.



Types of Copyright Infringement Claims


Copyright infringement can take many forms, and a copyright infringement attorney identifies the specific type of violation to strengthen the case. Direct infringement occurs when someone copies, distributes, or publicly performs a copyrighted work without authorization. Vicarious infringement holds parties liable for infringement by others when they have the right and ability to control the infringer and benefit financially from the infringement. Contributory infringement applies to parties who knowingly induce or materially contribute to infringement by others. Secondary infringement includes trafficking in devices or services designed to circumvent copyright protection measures. Understanding these distinctions helps a copyright infringement attorney develop appropriate legal strategies.



2. Copyright Infringement Attorney in New York : Digital Media and Software Protection


Digital content and software represent significant intellectual property assets requiring specialized protection. A copyright infringement attorney addresses issues related to online piracy, unauthorized downloads, and software duplication. The Digital Millennium Copyright Act (DMCA) provides additional protections and remedies for digital works.


Software Copyright Enforcement


Software copyright infringement involves unauthorized copying, distribution, or modification of computer programs. Software copyright protection extends to source code, object code, and user interfaces. A copyright infringement attorney helps software developers and companies pursue claims against infringers who violate these protections. The DMCA prohibits circumventing technological protection measures that control access to copyrighted software, providing additional legal grounds for enforcement actions.



Design and Visual Content Protection


AutoCAD copyright infringement cases involve unauthorized reproduction of architectural drawings, engineering designs, and technical illustrations created in design software. These works receive copyright protection as pictorial and graphic works under federal law. A copyright infringement attorney pursues remedies against parties who copy designs without authorization, including companies that use protected designs in commercial projects without obtaining proper licenses or permissions from copyright holders.



3. Copyright Infringement Attorney in New York : Litigation and Enforcement Strategies


When copyright infringement occurs, a copyright infringement attorney develops comprehensive enforcement strategies tailored to the specific circumstances. These strategies may include cease and desist letters, settlement negotiations, or federal court litigation seeking injunctive relief and monetary damages.


Preliminary Injunctions and Enforcement Actions


A copyright infringement attorney seeks preliminary injunctions to stop ongoing infringement immediately while litigation proceeds. Courts grant preliminary injunctions when the copyright holder demonstrates likelihood of success on the merits, irreparable harm absent an injunction, that the balance of equities favors the copyright holder, and that an injunction serves the public interest. Permanent injunctions may also be obtained after successful litigation, prohibiting the defendant from continuing infringing activities. These enforcement mechanisms protect copyright holders from continued losses and establish clear legal boundaries regarding authorized use.



Damages and Remedies Available


A copyright infringement attorney pursues multiple forms of relief to compensate copyright holders for infringement. Actual damages represent the copyright holder's lost profits and the infringer's profits attributable to the infringement. Statutory damages provide an alternative remedy when actual damages are difficult to calculate, ranging from seven hundred fifty dollars to thirty thousand dollars per work, or up to one hundred fifty thousand dollars for willful infringement. Courts may also award attorney's fees and costs to prevailing parties in copyright infringement actions, making successful enforcement economically viable for copyright holders.



4. Copyright Infringement Attorney in New York : Defenses and Dispute Resolution


Copyright infringement defendants may assert various defenses, and a copyright infringement attorney evaluates these defenses to protect client interests. Common defenses include lack of originality in the allegedly infringed work, expiration of copyright protection, fair use, independent creation, and lack of access to the copyrighted work. Fair use permits limited use of copyrighted material for purposes including criticism, commentary, news reporting, teaching, scholarship, or research, considering factors such as the purpose and character of the use, the nature of the copyrighted work, the amount used relative to the whole work, and the effect on the market value of the original work.


Settlement and Alternative Dispute Resolution


Many copyright infringement disputes resolve through negotiation and settlement agreements rather than trial. A copyright infringement attorney negotiates favorable settlement terms protecting client interests while avoiding prolonged litigation expenses. Mediation and arbitration provide alternative dispute resolution mechanisms allowing parties to resolve disputes confidentially and efficiently outside traditional court proceedings. These approaches often preserve business relationships and provide faster resolution than federal court litigation.


02 Feb, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone