Dunnam & Dunnam’s Waco copyright lawyers have experience handling significant copyright infringement litigation. The firm has deep copyright expertise in disputes involving the internet, DMCA safe harbors, secondary liability, and fair use.
Waco copyright infringement has significant economic value because of the possibility of statutory damages, and attorneys’ fees as remedies for infringement of a U.S. registered copyright. With the internet, copyright owners need to protect their intellectual property. Dunnam & Dunnam’s experienced Waco copyright attorneys litigate the enforcement of copyright rights in both traditional and electronic environments. Our copyright attorneys regularly represent parties in Waco federal court.
Our attorneys advise clients regarding copyright infringement defense as well as defending against copyright infringement lawsuits. The Waco copyright attorneys at Dunnam & Dunnam manage a wide variety of copyright infringement lawsuits in Waco federal court. A copyright is considered valuable and useful, and its protections often apply to:
- Original Works of Authorship
- Internet Articles
- Business Plan
- Collection of Recipes / Cookbook
Our team of Waco copyright attorneys routinely litigate, often on an emergency basis, trade secrets, patents, trademarks, and copyright issues. Waco copyright litigation, copyright infringement, is a substantial portion of our law firm’s intellectual property practice.
Defenses to Waco Copyright Infringement Claims
Our copyright attorneys can assist in defending against copyright infringement claims. Some examples of copyright infringement defense arguments are:
- Fair use doctrine
- Proof the work was independently created and not copied
- Innocence (proving there was no reason to believe the work was copyrighted)
- The use is with a license agreement in place (this can shift liability to the licensor)
- Abandonment (a claim that the owner failed to enforce it’s rights, thereby abandoning the right)
- Misuse of copyright by the copyright owner
- Statute of limitations (the owner must file a suit within three years of knowing/should have known of infringement)
- Note a copyright claimant must prove the following three elements, to win an infringement claim:
- Valid copyright exists (Registration provides a presumption of validity)
- The defendant copied the work without authorization
- The infringing work is substantially similar to the protected work
Digital Rights Management: Digital Rights Millennium Copyright Act (DMCA)
Copyright holders may also send service providers a takedown notice under the Digital Millennium Copyright Act (DMCA). These DMCA notices typically describe the infringing content and ask it to be taken off of the service provider’s website. The DMCA helps protect intellectual property holders from copyright piracy. However, it also provides safe harbors for Internet service providers and website owners. The owners must appoint a DMCA Agent to review the takedown notices for legitimacy and expeditiously handle takedowns for the safe harbor protection. Additionally, we guide in developing infringement review and takedown processes.
Even with these safe harbor protections in place, website owners and ISPs can still face copyright infringement defense issues.
Client’s opinion on our intellectual property practice
Our lawyers are seasoned litigators in Waco federal court. But do not just take our word for it, listen to what one of our corporate clients says about the experience with Dunnam & Dunnam.
“We do business all over the world and in all 50 states and the need to hire litigation counsel that can win and is well-connected with the local bench and bar is paramount. Over my career, I have hired hundreds of lawyers across the globe and still do to this day. Jim Dunnam is one of the very finest trial lawyers I have ever hired. Jim is world-class in every sense and has handled our litigation counsel needs for everything from complex intellectual property cases, breach of contract claims, employment matters, and beyond. His ability to advocate for his client in the complex world of Waco federal court to the everyday battle in the McLennan County state courts is second to none. If you are looking for a litigation counsel here in the Western District of Texas, search no further, Jim is your man!”
-Grayson Brown, Executive Vice President, General Counsel & Secretary of Neighborly (the world’s largest home services franchisor with over 3,700 franchisees and $2B+ in system sales).
If you are looking for local counsel in Waco, contact us. Dunnam & Dunnam has tried hundreds of cases in Waco courts for almost 100 years. Our reputation is why clients choose us for some of the most high-profile Waco federal litigation—including matters involving the Branch Davidians and the Baylor University scandal. When someone has a big case in Waco, they rely on Dunnam & Dunnam.
Our lawyers were the first to have a bench trial before Judge Albright. In that intellectual property case, we secured a multi-million-dollar judgment for our client and a take-nothing verdict on the counterclaims against them. Our clients were delighted.
Dunnam & Dunnam has produced a Waco federal district court judge, a Texas Supreme Court Justice, a state district court judge, and three members of the Texas Legislature. We are in front of the Waco federal or state judges weekly. It is a law firm that the judges trust. And the Waco juries know us. Wacoan Magazine routinely selects us as the best law firm in Waco. Hire us when the stakes are high.
Andrea's practice focuses primarily in Appellate Law, Civil Trial Law, Family Law, and General Law.Read More
Carolina G. Truesdale graduated from Texas Tech University School of Law, Cum Laude.Read More
Eleeza's practice areas include: Personal Injury Law, Civil Trial Law, Commercial Law, Family Law and Pharmaceutical Law.Read More
Gerald R. Villarrial has practiced family law, criminal law and civil litigation for over 20 years.Read More
Jim Dunnam is a Board Certified Specialist in both Civil Trial Law and Family Law.Read More
Mason Dunnam is the fourth generation of Dunnam attorneys at the firm since 1925Read More
Merrilee L. Harmon is a Family Law specialist, Board Certified by the Texas Board of Legal Specialization since 1985.Read More
Vance has 60 years of experience as a lawyer in Waco, Texas handling all types of cases in both the office and the courtroom.Read More