Injunctive Relief For Copyright Infringement In Los Angeles

State:
Multi-State
County:
Los Angeles
Control #:
US-000302
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.

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FAQ

These courts consider: (1) the likelihood of success on the merits; (2) irreparable harm if the injunction is not granted; (3) whether a balancing of the relevant equities favors the injunction; and (4) whether the issuance of the injunction is in the public interest.

One remedy is injunctive relief, which restrains the defendant from future copying of the work. A preliminary injunction can be sought early in the case to restrain copying during the lawsuit.

Proof of copyright infringement is often highly circumstantial, particularly in cases involving music. A copyright plaintiff must prove (1) ownership of the copyright; and (2) infringement— that the defendant copied protected elements of the plaintiff's worN.

In instances of willful infringement, the owner can be awarded damages up to $150,000 per work. Willful infringement may be shown with evidence that the infringer removed a copyright notice when publishing the copyrighted work or failed to remove or retract the content after being notified that it was infringing.

Receiving a notice does not necessarily mean that you have in fact infringed copyright or that you will be sued for copyright infringement. If you receive a notice, it must contain information that will help you understand the details of the allegation, including the date and time of the alleged conduct.

(a) An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.

Willful copyright infringement can result in criminal penalties including imprisonment of up to five years and fines of up to $250,000 per offense.

No copyright infringement is intended. I do not own nor claim to own the rights to any of the type of content shared.

In order to avoid copyright infringement, you should ensure that any ideas or elements that you borrow from another work are sufficiently transformed or modified in your own writing. This might involve changing the characters, setting, or plot, or using the ideas in a new and original way.

More info

Remedies for infringement: Injunctions. If a judge grants you injunctive relief, the defendant must immediately cease their infringing behaviors.Generally, there are several things a copyrights holder must show to obtain a court ordered injunction to stop willful copyright infringement. There are generally two types of remedies that a court may provide in a copyright infringement lawsuit: money damages and an injunction. If you are involved in a copyright infringement dispute, contact us online or call to meet with a highly skilled Los Angeles copyright attorney. We are also adept in handling motions for injunctive relief to stop ongoing infringement, such as temporary restraining orders and preliminary injunctions. To schedule a consultation with one of our Los Angeles, California copyright infringement litigation lawyers, please complete a contact form. What is Injunctive Relief? The 9th Circuit has dissolved a sweeping preliminary injunction that had ordered Google to take down copies of "Innocence of Muslims," an anti-Islam f. Injunction against Defendants for copyright infringement under the Copyright Act, 17 U.S.C.. § 501, et seq.

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Injunctive Relief For Copyright Infringement In Los Angeles