Copyright Law
What is a copyright?
A copyright is a type of intellectual property that safeguards original works of authorship, spanning literary, musical, and dramatic works, along with photographs, audio and visual recordings, and various other intellectual properties.
Copyright Protection
The start of copyright protection occurs when the work is fixed in a tangible medium. The work is considered fixed when it is written down or captured in a recording. To signal an intent to control the production, distribution, display, and/or performance of the work, the author is encouraged to promptly use the copyright symbol at the onset of its publication.
Filing and Enforcing Copyrights
Copyright grants the author exclusive rights to produce and distribute the respective material. Further protection can be obtained by copyright owners through the process of copyright registration. While not obligatory in the U.S., opting for registration can simplify the enforcement of your copyright. At Holihan & Harchuck, we understand the complex and emerging issues related to copyrights. Our primary goal is to protect our clients’ ideas and maximize their intellectual property investments.
Representative Work
By specializing in brand enforcement, our attorneys are skilled at learning new and different technologies and navigating these landscapes to protect our clients’ copyright Intellectual Property.
Previous experience includes:
• Effective legal proceedings for copyright and trademark infringement against a jewelry wholesaler, leading to a permanent injunction and the awarding of damages.
Sanrio, Inc. v. Beauty Exchange, Inc. et al, 1:16-cv-02340 (S.D. Fla)
• Lawsuit for copyright and trademark infringement against a Central American television rights distributor, concluding with a settlement in the six-figure range.
Freemantlemedia Ltd. v. Television Entertainment, Inc. et al, 1:07-cv-21234 (SD Fla.)
• Legal proceedings for trademark and copyright infringement against an importer and distributor of counterfeit merchandise. This resulted in a Temporary Restraining Order (TRO) and the seizure of counterfeit merchandise exceeding $12,000,000. Subsequently, two rounds of contempt proceedings followed, each with separate seizure orders, leading to a multi-million dollar settlement. Furthermore, a Federal criminal prosecution ensued, resulting in the principal’s sentencing to 94 months and subsequent deportation.
Disney Enterprises, Inc., The Cartoon Network, LP, LLLP, Sanrio, Inc. and Warner Bros. Entertainment, Inc. v. Deer City USA LLP et al, 05-cv-21188-HUCK (SD FL)
Our Expertise
Holihan and Harchuck specializes in the following practice areas:
