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For new clients, a legal assistant or other staff member in our firm will intake your case information. If additional information is required to determine if we can assist you with your case, we may offer a free consultation by an attorney to gather more information. A free consultation typically does not include legal advice, is offered only in our sole and absolute discretion, and does not mean that you have retained our firm as legal counsel. Only a written document provided to you by our firm describing our representation and executed by a managing attorney at our firm will establish an agreement by our firm to provide you legal services.

Enforcing and Protecting Copyrighted Material Throughout the United States

Anyone who violates the exclusive rights of a copyright owner is an infringer of the copyright owner (see section 501 of the U.S. Copyright Act). In order to bring an infringement claim of a copyright against another party to be litigated in the United States, the copyright must be filed with the United States Copyright Office, a service unit of the Library of Congress.

An infringer of a copyright may be both civilly and criminally liable. Civilly, an infringer may be liable for actual damages and lost profits or statutory damages. Statutory damages, dependent on the circumstances of the infringement, may range between $250 and $150,000. In some circumstances an infringer may be liable for the back payment of licensing fees. Due to these potential risks of financial loss, it is important to consult an attorney to perform a thorough copyright search using the Catalog of Copyright Entries (CCE) and other search instruments to determine the existence and legality of any filed copyright.

Lastly, as is typical with many claims under the law, there is a statute of limitations that specifies the time limit that a claim for copyright infringement must be brought or risk being barred from bringing the claim altogether. For civil cases the statute of limitations is 3 years after the claim accrued while criminal actions have a statute of limitations for 5 years after the cause of action arose.

Contact the Copyright Attorneys at McClanahan Powers to see if you qualify for a free Initial Consultation

To receive world-class service for your legal matter, call the copyright attorneys at McClanahan Powers at 703-520-1326. Or, to send an e-mail, please complete and submit the online form on this website. Flexible appointment times and payment options are available.