How to resolve Copyright Disputes
When you own an intellectual property right, Copyright Law provides you protection against intellectual property disputes. However these type of legal cases are notorious for being very expensive and difficult to pursue requiring specialist lawyers and legal experts.
As the copyright owner only you are allowed to enforce the copyright. Copyright disputes can come in many forms, typically it is when the content is misappropriated by someone else without the owner's permission.
The things you need to consider before taking up a dispute is to analyse and evaluate the situation rationally. It is essential to keep records of any materials related to the dispute. It helps in in proving the dispute if legal measures are taken and court proceedings initiated.
By working with experts in this field we are able to often resolve these disputes to a satisfactory conclusion for our clients without the case escalating to the courts.
Finding a resolution to a dispute depends on a number of factors and the copyright owner needs to have a clear idea of the reasonable outcome they want and the likelihood of them achieving it. This means you need to consider:
- the legal options
- the time to reach a conclusion
- the money needed to resolve the dispute
Also step back and look at the defendant's point of view. Sometimes it is accidentally perpetrated in good faith. If they are compliant then it is always worth seeking an out of court settlement using Negotiation, Mediation and/or Arbitration before issuing court proceedings.
Negotiation is an informal act where the issue can be resolved between professional agents appointed to represent the parties. It is usually closed confidentially between the parties by reaching an amicable resolution.
Mediation refers to a situation when an impartial third party hears both sides of the dispute and helps the parties to come to an agreement to resolve the dispute. It is usually dealt with confidentially through the paid mediator.
Arbitration is when a third party is appointed to listen and to decide the outcome. The arbitrator is usually an expert in the area of the dispute. It is usually dealt confidentially and Arbitrator paid for his services.
Court Action is a matter of public record. Each party, or their agent, makes their argument before a judge who will make decision on the outcome as per law. Court fees are payable as per the norms under Court regulations and proceedings. It is however mandatory to follow the Pre-Action protocols requirements before starting the court proceedings.
As with any of these situations, before entering into a potentially expensive and protracted court case, get in touch with PowerLegal first to see if you are eligible for our No Win No Fee commercial litigation services.