IP Litigation Attorney in Los Angeles, California
What’s it take to pursue a claim of copyright infringement?
What’s it take to pursue a claim of copyright infringement?
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Our IP litigation focuses mostly on copyright and copyright protection. We have many clients and potential clients who would like to pursue a copyright claim because they have an idea that they believe they have originated and they see it being stolen or used by somebody else. One of the things we help our potential clients understand is that IP litigation, in connection with copyright, is not something that is available solely because you have an idea that somebody has taken. That is not the purpose of what the copyright law accomplishes.
Copyright law provides protection for the placement if you will of the idea onto something, into something, that can be copyrighted such as a photograph, or a screenplay, or a piece of art. And, if someone simply has an idea that has not been translated into that medium then they don’t have a copyright claim they have something else potentially. Which is a breach of contract claim for a breach of an implied contract between you and the recipient of the idea that they would not use that idea without compensating you.
So, one of the things we like to do is to determine whether there is, in fact, a real copyright claim or some other type of claim so we can properly advise our clients.
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Los Angeles, CA commercial litigation attorney Brian M. Grossman discusses his approach to pursuing a claim of copyright infringement. He mentions that his IP litigation practice focuses primarily on copyright and copyright protection. Many of his clients and potential clients approach him believing they have originated an idea that someone else has stolen or used without permission.
He makes it a priority to help them understand that copyright law does not protect mere ideas. The law is designed to protect the expression of ideas once they are placed into a tangible form—such as a photograph, screenplay, or piece of art. If an idea has not yet been translated into a copyrightable medium, there is no valid copyright claim.
In those cases, what the client may actually have is a potential breach of contract claim—often an implied contract between the originator of the idea and the recipient, based on the understanding that the idea would not be used without compensation.
One of the key parts of his work is determining whether a client has a legitimate copyright claim or whether the issue falls under another legal theory. By doing so, he ensures his clients are properly advised and guided toward the right course of action.
