Copyright Infringement Information & Evidence

Arts + Business + Copyright + Litigation + Media
July 16, 2018
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I have been so often asked to pursue copyright infringement over the last 10 years for a few reasons: legal expertise; industry expertise; active participation in media development; technical competence; and perhaps the primary driver of case volume, the naturalness with which modern browsers and operating systems facilitate copying and dissemination. These matters range the gamut, from prosecuting vicarious and contributory infringement against multi-jurisdictional co-op holding companies with hundreds of subsidiaries and many thousands of syndicated publications, to defending individuals for fair use, and everything in between. I have recently had occasion to strategically address jurisdiction/venue questions in novel test cases that would be applied across a stock of pattern actions.

In the course of counseling clients on the process and posturing them for success, I have developed a go-to list of evidentiary information I seek at the outset of a matter — lawyers live and die by information, and it stands to reason in litigation that, generally, more is better. Find below the core enumeration I rely on to get a matter rolling in the right direction.

There is more — there always is — because each matter is particular, taken case-by-case, and each will have its own character, with its own recesses, compartments, notches, and nicks. But this is a core sampling that tends to cut across cases. The information is quite obviously essential (ultimate relevance and admissibility aside), but while lawyers are most definitely information architects, it is the judicious legal analysis we bring to bear that sets our professional contribution apart.

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