8 Questions to Ask a Copyright Lawyer

Copyright law is often complex, and copyright infringement cases can be stressful. A good copyright attorney can provide legal guidance and help reduce the stress involved with safeguarding your creative work. 

What do copyright lawyers do?

A copyright lawyer specializes in copyright law. Copyright is a form of intellectual property (property that is derived from original human ideas) that protects original works such as books, blog posts, computer software, music, and artistic works.

There are several types of intellectual property besides copyright, including patents, trademarks, and trade secrets. An intellectual property attorney (also referred to as an IP attorney) often concentrates on a specific type of intellectual property. 

The kind of intellectual property lawyer you hire depends on the type of intellectual property you need to protect.

Copyright

• What is protected by law: Original creative works recorded in a tangible medium
• What an intellectual property lawyer can do: A copyright attorney can help you register your work and represent you in copyright infringement cases.

Patent

• What is protected by law: Technical inventions such as a product, design, or process.
• What an intellectual property lawyer can do: A patent attorney can help inventors with patent applications and represent clients in patent litigation cases.

Trademark

• What is protected by law:  A word, phrase, symbol, or design that identifies a company’s product or service.  
• What an intellectual property lawyer can do: A trademark lawyer can help your company conduct a trademark clearance search via the United States Patent and Trademark Office database and enforce your trademark rights. If necessary, they can bring litigation before the U.S. International Trade Commission.

Trade secret

• What is protected by law: Secret information that contributes to (or could potentially contribute to) your business’s economic success
• What an intellectual property lawyer can do: A lawyer specializing in misappropriation cases can provide guidance on how to protect your trade secrets and can help defend your legal rights.

 Source: United States Patent and Trademark Office

If you are dealing with copyright issues, it’s important to hire an intellectual property attorney who specializes in copyright as opposed to other types of intellectual property.

Top questions to ask a copyright attorney

Interviewing copyright lawyers before making a hiring decision can help ensure that you get the best attorney for your unique situation. 

1. Could you provide me with a list of cases in which you have represented clients in similar copyright matters?

This question can help you get a feel for the attorney’s level of experience with similar cases. Everyone starts somewhere, and less-experienced lawyers can sometimes be more affordable. Ideally, you want an accomplished attorney with a strong background in managing comparable copyright issues. 

2. Do you recommend pursuing legal action in this case?

An attorney should consider the details of your particular situation when answering this question. Not all intellectual property cases merit a lawsuit.

For example, if you find out someone is using your copyrighted work illegally, you can send them a cease and desist letter. 

A cease and desist letter:

• Notifies the recipient that they are using your work without permission
• Demands that they stop using your copyrighted work immediately
• Warns of potential legal action if they ignore the letter

If the recipient continues to use your copyrighted work despite receiving the cease and desist letter, then you may want to pursue legal action. 

3. If so, what are the steps involved?

1. The attorney should clearly describe the steps involved in a copyright infringement lawsuit and explain the difference between the types of cases heard by state and federal courts.
2. Once they have an understanding of the details of your case and have ensured that your work is copyrighted, your attorney will file a complaint in court. 
3. The infringer will need to be served with a summons, after which a proof of service must be filed with the court. The infringer should then respond to the complaint.
4. The next step in your copyright case is discovery, which is the process of gathering supporting evidence and sharing information with the other party to begin preparing for the trial.
5. Your case may involve settlement negotiations, which is when both parties work to come to an agreement without going to trial. If you can’t reach a settlement, then you will need to go to trial. 
6. During the trial, your attorney will present evidence to support your case. Be prepared to answer questions about your copyrighted work. 
7. If the court rules in your favor, you may be awarded damages. If your case is not successful, you may still have the option of appealing the judgment.

One alternative to dealing with federal courts is having your case heard by the Copyright Claims Board (CCB). The CCB is a tribunal that was established in response to the Copyright Alternative in Small-Claims Enforcement (CASE) Act of 2020. It helps resolve copyright cases with claims seeking damages of less than $30,000. Participation in the CCB is voluntary, which means that both the claimant and the defendant must agree to use the CCB to settle their copyright conflict. 

The CCB allows you to hire an attorney or represent yourself. 

4. What are the potential costs associated with enforcing my copyright?

Be sure to ask for a full list of fees, including the cost of the initial consultation. It’s best if you can get an idea of how much each stage of the case will cost. 

Entry-level lawyers may charge less than those with extensive experience. You might consider using an attorney with a lower rate to handle less complicated elements of your case or taking care of certain parts of your case yourself. This approach can help you save money by hiring an attorney with deep experience in copyright lawsuits for the more complex aspects. 

If you’re on a tight budget, you can ask the attorney if they offer flexible payment plans, such as a fixed-fee arrangement instead of an hourly rate or the option to pay over time instead of upfront. 

5. How long would you expect my case to take?

The length of your copyright case can depend on a variety of factors, including:

• The complexity of your case. Generally, the more straightforward your case is, the less time it will take.
• The anticipated scope of the legal work. The duration of your copyright case can be prolonged if it requires a long discovery process or intensive negotiations. 
• How much of your input is required. You may need to complete time-consuming tasks such as searching records, getting in touch with witnesses, or communicating with the U.S. Copyright Office. 

6. Are there any exceptions, limitations, or recent changes in copyright law that I should be aware of?

Copyright lawyers should have a deep understanding of copyright law and be able to explain any restrictions that could affect an infringement case. They should keep up to date with new copyright laws and understand how to develop strategies to handle changes to existing copyright legislation.

7. How can I license my work, and what should the terms include?

A copyright license gives other people the right to use your work. A copyright license agreement details the terms that the other party must agree to. 

A copyright attorney can help you decide which clauses to include in your license agreement, such as payment, exclusivity, and termination terms.

8. Should I pursue international copyright protection?

In some cases, it makes sense to file for protection in foreign countries. While copyright practice can vary depending on the country, a copyright attorney should be able to advise on which countries have free trade agreements with the U.S. and how to file for intellectual property protection in each country.

When to hire an IP attorney

Here are some situations where working closely with a copyright attorney makes sense.

Publishing or distributing work

If you plan on publishing your work or distributing it on a large scale, an attorney can help you protect your intellectual property rights (IP rights) and comply with applicable state and global laws. 

Entering into agreements

Negotiating copyright-related agreements can be stressful. A lawyer can help you draft and review publishing contracts and create licensing agreements that protect your best interests.

Using copyrighted material from others

An attorney can help you determine whether your intended use of someone else’s copyrighted material counts as fair use or if you need to request copyright permission or a license to use the work. 

Suspecting copyright infringement

If you believe someone has violated your copyright, an attorney can provide advice and help you take legal actions, such as sending a cease and desist letter or filing a lawsuit.

Responding to accusations of infringement

It’s important to know what to do if you get a copyright infringement notice. An attorney can help you understand your rights and responsibilities and how best to respond to a copyright infringement notice.

Selling or transferring copyright

A lawyer can help protect your rights and ensure due diligence when you transfer or sell a copyright.

Dealing with complex copyright issues

A lawyer can help if you are handling complex legal issues such as:

• Seeking international protection for your copyrighted materials
• Trying to resolve copyright ownership disputes
• Creating licensing agreements for the use of your copyrighted work

Tips to find an IP attorney

Finding a compatible lawyer can help reduce the stress involved in protecting your creative projects.

Here are three effective methods for finding the right lawyer. 

Ask for recommendations

Ask your industry peers if they have any suggestions for good lawyers. Try commenting in author or artist groups on online platforms, or talking to your publisher or agent to get their recommendations.

Look for copyright attorneys near you

Contact local law firms to find copyright attorneys in your geographic area.

Search LegalZoom’s online attorney directory

One of the easiest ways to find a good lawyer is through an online directory, such as LegalZoom’s. LegalZoom’s online attorney directory is fast and easy to use. Select your state and the area of practice and get a list of attorneys in your state in seconds. 

FAQs

What does an intellectual property lawyer do?

An intellectual property lawyer (or IP lawyer) who specializes in copyright has a deep understanding of copyright law and can provide a range of legal services, including helping clients copyright their works and representing clients in copyright violation cases. 

Can an IP lawyer help me register a copyright?

Yes. While you can register your copyright on your own, there are some situations where it’s a good idea to consult with a lawyer.

If you haven’t copyrighted your work, a copyright attorney should be able to explain the copyright registration process. You will need to fill out and submit a registration form and a copy of your work and pay any necessary fees. 

Is hiring an intellectual property lawyer worth it?

Yes, especially if you are dealing with a complex copyright case, such as a situation where you are one of multiple creators for a work or if someone is illegally using your work and you want to file a lawsuit. 

Hiring an IP lawyer who focuses on copyright can help you:

• Navigate the complexities of copyright law
• Take steps to protect your creative works
• Assist with licensing negotiations
• Determine the best course of action in a copyright infringement case