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Copyright Infringement

Copyright Infringement

If you are facing copyright infringement, or suspect that someone is infringing your intellectual property rights, Selachii LLP can help.

Copyright infringement is something which may be causing you business to lose out financially, and can even be causing problems between parties in your business. Our lawyers understand the strain copyright infringement can put on your business, and that the stakes are high when it comes to putting copyright disputes to rest.

At Selachii, our expert lawyers have vast experience assisting clients with copyright infringement. We get the job done by using our extensive negotiating and advocacy skills, coupled with vast knowledge of the law and procedure, to design a bespoke strategy that works for you and your business.

We know how much swift resolution matters to you, and that is why we aim to resolve your legal difficulties quickly. However, if court action is unavoidable, our specialist litigators are ready to fight for your best interests. If you would like to know more about how we can assist with copyright infringement, please contact us.

Expert Copyright Infringement Advice, London

Copyright infringement cases are complex; often it can be difficult to know who is the owner of the intellectual property in the first place, and under what circumstances rights are enforceable.

Who owns the copyright?

Partnerships

Partnerships are common and where you work with a partner in business to produce creative works, in can be difficult to determine who is the owner of the intellectual property. Where something is made by a partner in a partnership and is protected by copyright, then the creator or author is the owner of the copyright. However, the situation is more complicated where a partner creates something capable of being protected by copyright as part of their duties as a partner to be used for the partnership. Normally, your partnership will set out what happens under these circumstances, but in the absence of a partnership agreement, copyright infringement disputes can and do arise. If you need advice or assistance about copyright infringement in a partnership, contact our expert solicitors today.

Employees

Many organisations are continually involved in the development and creation of new products, services and ideas. However, this can cause difficulties when it comes to copyright. Employees and other agents may be involved in the creative process, and this can make it unclear as who is the owner of the copyright. This will normally depend on whether an individual works for an organisation under a ‘contract for services’ or a ‘contract of service’.  When employees work under a contract of service, and where they create new products, services and ideas in the course of their employment, the copyright for their work is owned by their employer. Where employees create something outside of their employment, the circumstances can become complicated. If it is unrelated to the work of their employer, generally copyright will be owned by the employee. However, often employers will outline that anything made by employees that is related to their employment will be owned by the employer.

If an individual is employed under a ‘contract for services’, it is possible that they may be the owners of the copyright. This should be made clear at the outset of the relationship, but where a copyright dispute arises, it is essential to seek specialist legal advice.

Joint creators

It is not uncommon for two individuals or entities to come together to create a new product or service. However, this often poses questions as to who is the true owner of the copyright. Where the co-creators have produced two equally distinct contributions to a new product, then the law will deem there to be two kinds of works that are protected. Allowing both creators to hold copyright as if they were the sole owners. On the other hand, where the two contributions are not distinct, then authorship of the product and ownership of copyright in it will be held jointly by both parties.

How do I enforce my ownership of copyright?

If you are looking to enforce copyrights, it is important to understand what copyright is and how it works. Copyright is the right not to have another copy your creative work. Copyright may be infringed in two ways, either by primary or secondary means.

Primary Copyright Infringement

Primary copyright infringement is where work is copied or even changed without the permission or a licence from the owner of the copyright. Under these circumstances, the person responsible for copyright infringement will be held liable regardless of their intentions.

Secondary Copyright Infringement

Secondary copyright infringement is where a copyrighted piece of work is copied, and then brought to the UK and used for anything other than private use.  Under these circumstances, and individual will only be held liable for secondary copyright infringement where it can be proven that the person knew what they were doing.

There are exceptions to the rule that copyright cannot be infringed, and so it is essential that you seek expert advice in relation to any case of alleged copyright infringement.

Contact our Expert Copyright Infringement Lawyers London

Selachii is a dynamic litigation and dispute resolution law firm based in Kensington, London. Whether you are an individual, small start-up business or a large multinational, we can take on your intellectual property case and work to resolve it as quickly as possible so you can concentrate on your day-to-day business.

At Selachii, we understand how challenging dealing with copyright matters can be, and how important attaining the best outcome can be for you and your business. Our fierce, professional and strategic approach will help put your mind at ease because you know you are in good hands.

We know how much swift resolution matters to you, and that is why we aim to resolve your legal difficulties quickly. However, if court action is unavoidable, our specialist litigators are ready to fight for your best interests. If you would like to know more about how we can assist with copyright infringement, please contact us. Contact us today by calling 0203 811 7723 or complete our enquiry form, and one of our team will get right back to you.

How Selachii Can Help

Fraud is an issue that demands extreme tact as well as often needing great doggedness and attention to detail. We don’t believe in simply handing out one-size-fits-all solutions to problems. We will focus on your specific circumstances before working out the best and most cost-effective way of helping you achieve your aims.

Selachii is a dynamic litigation law firm based in Kensington, London. We put the best interests of our clients at the heart of everything we do. We work with both businesses and private individuals, giving them legal advice and support which is unique to them and their situation.

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