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Circuit court dismisses copyright case

Securing and protecting the rights to your intellectual property is often not as simple as you might hope, and in many cases it is the details that make all the difference. In a recent decision for the U.S. District Court for the Southern District of Florida, a judge dismissed a claim of copyright infringement because the plaintiff did not properly plead compliance with a requirement.

The issue arose when a content provider claimed that one of their clients violated their agreement after the licensing contract ended. The plaintiff, who licenses content to websites but retains the underlying copyrights to the material, objected when the former client failed to remove some of the licensed content from their website after the license expired.

However, the court found that, although the plaintiff had filed copyright claims on the relevant pieces, they had not received a decision on the status of the copyrights before filing the suit. Under the court's interpretation of copyright statutes, the process of obtaining a copyright involves both proper application by the potential owner of the copyright as well as an affirmative decision from the Copyright Office. Ultimately, the court dismissed the case, noting that the plaintiff had not obtained the decision from the Copyright Office.

If you have concerns about protecting your intellectual property, it is crucial to seek qualified, experienced legal guidance. Without proper guidance, it is possible to believe that you are following appropriate property protection protocols without actually obtaining that protection. An experienced attorney can help ensure that your rights remain secure as you fight to protect what is rightfully yours.

Source: Florida Record, "Judge dismisses claim that Wall-Street.com infringed on copyright," Elizabeth Alt, June 05, 2017

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