At the Lomnitzer Law Firm, P.A., we advocate for copyright owners in enforcing their rights and protecting their creations from infringement. We litigate high-stakes disputes over copyrights in federal courts in South Florida and across the country in order to protect our client’s work, or defend them if their work is challenged.
When Is Legal Action Appropriate?
Copyrighting a work of art like a book, piece of music, photograph, or website gives the owner the right to exclude others from:
- Reproducing or copying the work
- Preparing derivative works based upon the work
- Distributing copies of the work to the public for sale, rental or lease, or lending
- Performing the work publicly live or in a digital/audio transmission
- Displaying the work publicly
When a copyright owner believes someone has violated their copyright by doing one of these things without permission, legal action may be appropriate.
Enforcing A Copyright
As South Florida’s premier intellectual property legal practice, the Lomnitzer Law team has the right mix of legal acumen, industry knowledge, and business sense to resolve any copyright dispute. Our attorneys aggressively litigate for our clients while understanding each client’s industry, IP valuation, and strategic goals.
The first action taken in many situations is the drafting of a cease and desist letter that advises the infinger that legal counsel has been retained and litigation is imminent. Many violators do not want to risk a lawsuit, and will therefore be open to negotiating a quick settlement that allows all of the parties involved to move forward. Other times, litigation is necessary to resolve the dispute. The Lomnitzer Law team will assess the case, provide legal advice to our client, and then present a strategy to get to a favorable resolution.
Copyright In The Courthouse
When a copyright dispute leads to a lawsuit, Lomnitzer Law’s experienced attorneys are ready to take action. Our team of attorneys are respected in the courtroom and leaders in the industry. We will work to gather the evidence that will serve as the foundation of a persuasive argument outlining the way a copyright was infringed, that damages that have accrued, and that injunctive relief is appropriate.
The court may award actual damages, lost profits, or statutory damages to the owner of a copyright that has been violated. The copyright owner must have evidence that shows exactly how much money they lost and how much the violator profited if he or she wants to maximize their actual damages and claim for lost profits.
If there is not enough evidence available to calculate actual damages and certain statutory criterias are met, then the copyright owner may instead seek statutory damages. Statutory damages are set amounts of money specified by law that a judge may award in copyright litigation.
The Lomnitzer Law team gathers all of the available evidence, then advises our clients on the best way to a favorable resolution.
Defending Those Accused Of Infringement
In addition to representing clients in enforcing their rights against infringers, the Lomnitzer Law team assists creators and business owners in defending claims asserted by those alleging infringement. When a copyright owner is overzealous and improperly attempts to shut down the creative work or business of a competitor, the Lomnitzer Law team is ready to step in and defend the alleged offender’s right to create, profit, and thrive.
Over the years, we have discovered that working on both sides of copyright disputes has sharpened our skillset and improved our ability to represent all of our clients.
We Are Problem Solvers
The experienced attorneys on the Lomnitzer Law team come from a variety of different industries. We tap into our varied backgrounds to craft unique solutions for clients in the entertainment, consumer products, technology, arts, and sporting industries. This allows us to take a hands-on, problem-solving approach to the law.
We understand that litigation is a means to an end, not the end goal. Our clients need to be able to create, build, and market their ideas and products, not spend their time navigating copyright disputes. Lomnitzer Law clients can trust us to resolve their cases as quickly and efficiently as possible so they can move forward.
This, however, does not mean that we push our clients to settle right away or adopt arguments and legal tactics they are uncomfortable with. Our clients are always the ones calling the shots. We evaluate and advise, then let our clients pick a path forward. We respect the creativity and business acumen that got our clients where they are today, and never force anyone to take a position or action they are uncomfortable with.
Powerful Representation For Your Creation
The Lomnitzer Law Firm, P.A., is South Florida’s premier intellectual property legal practice, serving a diverse array of artists, industries, businesses, inventors, and entrepreneurs. When a copyright dispute arises, we are ready to take aggressive legal action to secure and defend our client’s creations.
Though litigation is often a last resort after settlement negotiations have failed, we are always ready to go to trial. We are ready to secure your creation and maximize your compensation.