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Date: 11-13-2023
Case Style:
Case Number: 4:23-cv-00280
Judge: Gregory K. Frizzell
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney:
Defendant's Attorney: Charles Jose Kania and William Douglas Thomas
Description: Tulsa, Oklahoma intellectual property lawyer represented the Plaintiff who sued the Defendant on a copyright infringement theory under 17 U.S.C. 101.
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"Copyright infringement law is a complex area of law that protects original works of authorship, including literary, dramatic, musical, and artistic works; films, sound recordings, broadcasts; and computer programs. The Copyright Act of 1976 is the primary law governing copyright infringement in the United States.
What is copyright infringement?
Copyright infringement occurs when someone copies or uses a copyrighted work without the permission of the copyright owner. This can include:
Reproducing the work: This includes making copies of the work, such as photocopying, scanning, or downloading a digital file.
Distributing the work: This includes selling, renting, or lending copies of the work.
Creating derivative works: This includes creating new works based on the copyrighted work, such as translations, adaptations, or abridgements.
Performing the work: This includes playing music, showing movies, or displaying artwork in public.
Displaying the work: This includes putting artwork or other copyrighted works on display in public.
What are the penalties for copyright infringement?
The penalties for copyright infringement can vary depending on the severity of the infringement. In general, copyright infringement can result in:
Injunctions: A court order that prohibits the infringer from continuing to infringe the copyright.
Damages: The actual damages suffered by the copyright owner as a result of the infringement, as well as any profits made by the infringer.
Statutory damages: A fixed amount of damages that can be awarded to the copyright owner, even if they have not suffered any actual damages.
Attorney's fees: The copyright owner may be awarded their attorney's fees if they are successful in a copyright infringement lawsuit.
How can I avoid copyright infringement?
There are a number of things you can do to avoid copyright infringement:
Obtain the permission of the copyright owner: If you want to copy, distribute, or use a copyrighted work, you must first obtain the permission of the copyright owner. This can be done by contacting the copyright owner directly or by purchasing a license.
Use fair use: The fair use doctrine allows for the use of copyrighted material without permission in certain limited circumstances, such as criticism, comment, news reporting, teaching, scholarship, or research. However, the fair use doctrine is a complex area of law, and it is important to consult with an attorney to determine whether your use of a copyrighted work is fair use.
Be mindful of your online activity: When you are online, be mindful of what you are downloading and sharing. Do not download or share copyrighted works without the permission of the copyright owner."
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Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: