Copyright


Uncover the Truth Behind Costs and Attorney

Uncover the Truth Behind Costs and Attorney

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Uncover the Truth Behind Costs and Attorney

When a person discovers that his or her creative work of authorship has been used by another party for their own benefit, the owner of the work has the right to bring up a civil lawsuit against that party. In the lawsuit, it is the owner's responsibility to prove that the work is in fact his or her original creation and the infringing party has indeed violated U.S. intellectual property law and did it knowingly.

Once the civil trial is over and the decision is made in favor of the copyright owner, he or she is entitled to receive monetary compensation for his or her trouble. The damages can include actual damages and any profits made by the infringing party due to the use of the copyrighted work. Other times, statutory damages can be requested. In any case, additional monetary compensation can also be given to make up for the time, effort and money spent to win a case of copyright infringement.

Can the Copyright Owner Request Damages for Attorney Fees?


In any civil trial against another party, the costs of attending court and paying an attorney to help win a case can be quite substantial. Judging by the prevailing party in the case, some courts believe that parties should not have to pay all the costs incurred by the invalid action of the other party. Under U.S. law, the prevailing party, based on a court's discretion, may be entitled to the full costs of filing the suit. In some cases, he or she may also be compensated for the entire amount or part of the attorney fees, included in the entire sum of damages.


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