Intellectual Property – Copy Right Infringement

February 10, 2023

copyright or intellectual property patentsUnderstanding Copyright Infringement Florida Statute

In Florida, the three most important ways to protect intellectual property are through patents, trademarks, and copyrights.

Any fresh and unique decorative design for an object of production may qualify for patent protection, as may any beneficial innovations, such as a new product, a new way of doing business, or a new procedure for manufacturing or utilizing anything. Books, songs, paintings, pictures, web pages, and programs are just some of the creative works that are protected by copyright laws.

What Is Copyright Infringement Intellectual Property?

Infringement of copyright occurs when a protected work is used in any of the following ways without permission: used to create another work, reproduced, distributed, performed, or shown publicly. Literature, artwork, performances, films, monuments, tattoos, and any other works of art might fall under this category. In order to win a case about copyright infringement, an attorney must show that the plaintiff owns a copyright that can be enforced and that the defendant copied the original parts of the work in a way that can be used as evidence.

When deciding whether or not copyright infringement occurred, the court will consider a number of factors. These elements include, but are not limited to:

  • The question of whether or not the two works are duplicates;
  • How much access the defendant had to the project is at issue;
  • Whether or not there are convincing parallels between the two works.

Why You Need a Palm Harbor Business Lawyer

The intellectual property lawyers at  Robert Eckard & Associates P.A. can assess your case and advise you on how to proceed with copyright enforcement or defense. The following remedies may be available if you win a copyright infringement case:

  • Financial compensation, such as reimbursement for losses, costs associated with pursuing legal action, and any profits made by the defendant.
  • Infringing materials are to be destroyed or forfeited by the defendant.

A judicial injunction requiring the defendant to cease all use of your protected materials.

Our Testimonials

What Our Clients Say

I was referred to Robert by Ruge Law Group when they were actually KRG Law Group. They handled a car accident I was involved in. This was a business debt collection levied against our company by an employee’s debt collector. He and his colleagues handled it flawlessly. He and his staff are beyond impressive and do everything they can to take the cases brought before them. I came back to them with a very big case. I don’t want to dox anyone in the office other than the name on the business. However, they handled it in the most professional, respectful, and caring way possible. J, you did an amazing job and due diligence! Robert, I wanted to personally thank you for representing us in the past and in the future. You and your paralegals are above Top Shelf. This firm is straight Louis XIII.

I hired Drew to assist with a business dispute that I encountered with a fellow member of the Florida Bar. Drew was very professional and was able to negotiate a positive settlement for me.

I hired Mr. Patterson (due to another attorney's referral) to handle what I viewed as a complex case. Because of Mr. Patterson's knowledge of the applicable laws and forethought of opposing counsel's strategy, I'm happy to say the outcome was "excellent." I generally do not post but Mr. Patterson absolutely deserves a well appreciated applause for his legal performance. That said, I also referred him to my sister which also had successful results. Thank you, Mr. Patterson.

As always, you (and BK) are rockstars! I couldn't be more grateful to have you both on my side. I appreciate all that you both do.

You are amazing! Thank you so much! I’ll give you a 5-star review, you’re the best!

view all testimonials
Stay Connected

Get Updates About Our Firm

Our Attorneys encourage client input to customize a strategy to provide the legal services you deserve. We provide experienced representation for those in Florida and now Texas.