Copyright Infringement Lawsuit Defense

According to 17 USC § 506, if you willfully infringe a copyright , you can go to jail for up to 5 years for a first offense and up to 10 years for a second offense.

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Why Choose Rosenblum Law

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We’ve Saved Clients Millions of Dollars
Over the past 15+ years we have settled numerous cases resulting in saving our clients millions of dollars collectively.
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With a 97% success rate across all practice areas, we have a winning track record. While past results don’t guarantee future outcomes, our attorneys will invest maximum effort in you and your case to do everything we can to produce the best possible outcome.
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For over 15 years, we’ve been A+ rated by the Better Business Bureau and have over 500 positive reviews (5 out of 5 stars) on several independent websites, such as Google and Avvo. We’re proud of what our former clients have to say about our law firm, which is a testimony to our hard work.

Our Process

Contact our firm

An experienced attorney will confidentially discuss your legal options of litigation vs. settling outside of court.

Step-1
We prepare your legal strategy

This may include requesting a financial hardship exception, if applicable.

Step-2
We negotiate with opposing counsel

We will contact the plaintiff’s lawyer on your behalf and negotiate your case. If a settlement is reached a settlement agreement is signed.

Step-3
You provide settlement funds

In order to protect your identity, we can receive your settlement through our Attorney Trust account and wire the funds to the plaintiff to close your case.

Step-4
Dismissal of the lawsuit

Opposing Counsel will notify the court of the resolution and ask the Judge to dismiss the lawsuit and prevent future litigation arising from the same case.

Step-5
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Our Client Reviews

Rosenblum Law firm is efficient, helpful and friendly. They get the job done as painlessly as possible, some things like price of the fine is out of their control. Would highly recommend them and if needed would use them again. Thank you for all you time and effort handling this matter
Laurie Hernandez
Laurie Hernandez
22:55 02 Jun 23
I can't say enough good things about this Firm. When I tell you this law firm worked hard for over 2 years on what I thought was an impossible case, they did and kept me in the loop the whole time. Yes I was very inpatient. But they still kept working even though I was a pain. This was an expungement case that was told to me by another Law firm that it could not be done and took over $1k from when and didn't get the job done. But after contacting this firm they assured me that they could get the job done. I live all the way in VA now and this happened in 1997 in NJ. Well I just want to send a big shout out the the Rosenblum Law Firm and say thank you so much... you gave me a second chance to be a better me. I Highly Recommend Rosenblum Law to take care of your Legal matters. You will not be disappointed TRUST ME!
rhaheem wilson
rhaheem wilson
08:25 14 Feb 23
Very friendly and courteous staff. My legal matter was taken care as promised. Thanks for the quick and professional response.
Scott Chipman
Scott Chipman
22:48 13 Feb 22
The firm is great and follows through on their promises. The team is very responsive and handled the matter without even a court appearance. Highly recommend using their services.
Nicholas Sabatini
Nicholas Sabatini
12:30 20 Sep 19
This firm handled business professionally and efficiently, freeing me to place my time and attention where I needed to. I have been more than satisified and would highly recommend them.
momsmatter7
momsmatter7
19:33 20 Feb 14
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Copyright infringement is not merely a civil violation of the law; it can be a crime. In this day and age, copyright infringement can happen at the click of a button. Sometimes people do not even know that their actions can be construed as infringement, let alone criminal copyright infringement.

The following information explains what constitutes criminal copyright infringement and describes the various penalties associated with it.

What is Criminal Copyright Infringement?

Criminal copyright infringement is the same thing as civil copyright infringement, only the penalties vary. In the criminal context, for example, a person can actually go to jail.

Generally speaking, copyright infringement arises when a person violates one or more of the exclusive rights granted to a copyright owner. A person can be found guilty of criminal copyright infringement if someone else had ownership over a valid copyright and the defendant copied constituent elements of the work that were original.

For example, an author has his/her book copyrighted, but a second person copies several chapters from it without the author’s (or publisher’s) permission, and uses those chapters in a book that is independently sold as though it was original to the second person. Those actions will give rise to copyright infringement.

Remember, one of the key requirements for a valid copyright is ownership. Without proof of ownership, a prosecutor will not be able to properly prove someone’s guilt.

Ownership of a valid copyright consists of:

  • Originality in the author/creator
  • Material that can be copyrighted
  • A national point of attachment of the work (i.e. to permit a claim of copyright)
  • Compliance with relevant statutes

Additionally, proof of copying is required before someone can be convicted of criminal copyright infringement. Proof of copying is usually shown through circumstantial evidence establishing that:

  • the defendant had access to the work at issue, and;
  • probative similarities exist between the work at issue and the work the defendant made.

People can also be accused of copyright infringement for illegally copying protected works. Individuals who download movies or music using torrent software (“pirating”) can find themselves charged with criminal copyright infringement.  More often in cases of internet piracy, the individuals may be sued in civil court. This has happened to dozens of New Jerseyans who were accused of downloading adult films produced by Malibu Media LLC and Strike 3 Holdings

Also see: Copyright Infringement Notice from the ISP and Why You Should Settle Your Copyright Infringement Case (And Soon)

Penalties for Criminal Copyright Infringement

According to 17 USC § 506, someone who willfully infringes a copyright by any of the following ways can go to jail for up to 5 years for a first offense and up to 10 years for a second offense:

  • Infringing for the purpose of obtaining commercial advantage or private financial gain
  • Infringing through the reproduction or distribution (during any 180-day period) of one or more copies of one or more copyrighted works that have a total retail value of more than $1,000
  • Infringing through the distribution of a work being prepared for commercial distribution by making it available on a computer network that is accessible to members of the public (so long as the defendant knew or should have known that the work was intended for commercial distribution)

Remember, contrary to popular belief, criminal copyright infringement is a big deal that carries significant penalties. Anyone charged with criminal copyright infringement should contact an experienced criminal defense attorney.

Who Should You Contact?

If you or a loved one has been charged with criminal copyright infringement, contact the lawyers of Rosenblum Law today. Our team of skilled criminal defense attorneys will do what they can to protect your legal rights and fight to keep you out of prison. E-mail or call 888-815-364 for a free consultation.

Our Results

Below are the results of a copyright infringement case we got dismissed for one of our clients who was charged with downloading copyrighted material from BitTorrent.

Big Win Against Malibu Medi… by on Scribd

 

Nation Wide Copyright Infringement Defense Lawyers

Frequently Asked Questions

What is the average settlement amount for a Strike 3 Holdings lawsuit?

Most settlements with Strike 3 and other copyright holders are handled anonymously out of court, so the amounts aren’t published. Generally speaking, the majority are settled for several thousands of dollars and up.

Do I need a lawyer for a Strike 3 Holdings lawsuit?

It is strongly advised that a person hire an attorney with experience defending copyright infringement claims. After all, Strike 3 has a dedicated team of attorneys who file these lawsuits day-in and day-out, and who can outwit and outmaneuver even the most legal-savvy layperson.

When should I file a Motion to Quash?

A Motion to Quash can be filed when there is evidence that a ruling was made in error or that a court document, often a subpoena, was issued illegally or erroneously.

While a Motion to Quash has been successfully averted lawsuits in the past, it does not guarantee the fight is over. In many cases, Strike 3 can simply refile after correcting the error in question.

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