News 11 Oct. 2023
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Event 23 Aug. 2023
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Event 18 Aug. 2023
Partner Borzu Sabahi Speaks at FDI Moot Shenzhen
News 25 Jul. 2023
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Article 22 Aug. 2023
Fuad Zarbiyev Publishes Article in Journal of International Economic Law
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Event 22 Aug. 2023
Partner Dr. Claudia Frutos-Peterson to Speak at Arbitration and ADR Commission of the ICC Mexico
Event 11 Jul. 2023
Partner Elisa Botero Speaks on the Role of the ICC in Investment Disputes
News 15 Aug. 2023
Legal Reader Publishes Article on Dr. Majed Alotaibi’s Arrival as Senior Counsel in Curtis’ Riyadh Office
News 31 Jul. 2023
Curtis Welcomes Senior Saudi Advisor, Dr. Majed Alotaibi, to its Riyadh Office
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News 06 Mar. 2023
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Client Alert 30 Aug. 2022
The EU Adopts the “Maintenance and Alignment” Sanctions Package
Client Alert 24 Jun. 2021
Update on Virtual Notarization (Executive Order 202.7) During the COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Update on Virtual Witnessing (New York Executive Order 202.14) During The COVID-19 (Coronavirus) Pandemic (Updated: June 24, 2021) — U.S. Insight
Intellectual Property
Copyright infringement is the use of copyrighted material without permission or license. If the material was registered with the US Copyright Office, the owner of the copyright may be entitled to statutory damages ranging from $750 to $30,000 per infringement. If the infringement was willful, the statutory damage award is quintupled. While any unauthorized use counts as infringement, there may a defense of “fair use” depending upon how the material was used.
What do you do if accused of copyright infringement? You should immediately take down the potentially offending content and review the material you’ve made available and consult an attorney to determine if the content actually violates a legitimately held copyright. If your counsel’s review reveals that the material may not be covered by copyright, counsel may communicate with the sender of the notice and inform them.
Copyright infringement requires proving: the existence of a valid copyright over the material in question; that an offending party had access to the copyrighted material; and that the copyrighted work and allegedly infringing content are substantially similar. If the copyright owner seeks an award of damages but is not entitled to statutory damages, it also have to offer proof of the infringer’s revenue from the infringement.
Attorney advertising. The material contained on this page is only a general review of the subjects covered and does not constitute legal advice. No legal or business decision should be based on its contents.
Turner P. Smith
Partner
Eric Stenshoel
Counsel
Intellectual Property Law
Intellectual Property Litigation
Media, Technology and Entertainment
Cybersecurity
New York
+1 212 696 6000
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