At Hampton IP, we understand what your intellectual property (IP) means to you. It is likely the key ingredient to your success, your mission, and your identity. Our consultants and intellectual property valuation experts have experience helping clients throughout the nation deal with the various complexities and issues that can arise in copyright infringement matters.
We take IP damages seriously, especially when it comes to the enforcement of copyrights. IP is our chosen practice area and the primary focus of what we do. Intellectual property is not a “side practice” or secondary emphasis for us. We have the specific knowledge, skill, and practical experience you expect from a seasoned copyright infringement expert witness.
Our expert witnesses take a team approach to gathering the supportive and persuasive evidence you need. We have a multifaceted and multitalented team of experts who draw on years of experience in various financial, legal, and industry-specific environments. With our in-depth understanding of the various aspects of IP investigation and copyright protection we prepare up-to-date persuasive, fact-based written and oral testimony supported by the evidence and in conformity recent court opinions.
Why We Are the Preferred Choice:
A copyright is a legal protection provided to authors of original works of authorship, including literary, dramatic, musical, artistic, and other intellectual works. Federal registration can also enhance the legal protection granted.
The United States Constitution grants Congress the power to promote the progress of science and useful arts by securing, for a limited time, to authors the exclusive right to their writings. Congress passed the first copyright statute in 1790. One of the latest revisions to the Act is the Copyright Act of 1976, which revised the prior Copyright Act of 1909. The Digital Millennium Copyright Act of 1998 revised the 1976 Copyright Act to give safe harbor to Internet service providers.
The 1976 Act allows for federal copyright protection at the moment of fixation of an original work of authorship in a tangible medium of expression. Fixation need not be permanent. Categories of copyrightable works include literary, musical, dramatic, pantomimes and choreographic, pictorial, graphic, sculptural, motion pictures, audiovisual, sound recordings, and architectural works. The 1976 Act further changed the rules with regard to notice, registration, and deposits. Federal protection is provided at the time of fixation without the need to include notice of the copyright or registration. However, copyright registration is a prerequisite for filing an infringement action and requesting statutory damages.
Rights associated with a copyright are limited in certain instances. One limitation is the “fair use” exemption; which allows limited use of copyrighted works without permission for commentary, criticism, new reporting, research, teaching, library archiving, and scholarship.
Copyright owners can recover actual damages suffered as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.
Copyright infringement can be “direct” or “indirect.” Direct infringement involves the sale of the copyrighted work. Indirect infringement occurs when the infringer uses the copyrighted work to sell other products.
The Digital Millennium Copyright Act of 1998 (“DMCA”), among other things, define a set of safe harbors that may enable Internet service providers (“ISPs”) to limit their liability for infringing activities of their users. The DMCA may give ISPs protection regarding cashing, information storage, and information location tools.
From Litigation Consulting to Expert Testimony, We Have You Covered.
We at Hampton IP specifically work with individuals who are involved in complex court cases, hearings, or judgments. We align our skills with your goals to help you develop the best possible strategy that lets the evidence do the talking.
To speak with us about our copyright infringement expert witness and valuation services, call (888) 502-8228 today.