AS A CREATOR YOU DESERVE WHAT IS YOUR RIGHT

Your creative work was something unique that only you could have created. You spent years studying your craft to acquire your knowledge. By trial and error, you perfected your skills. With experience you refined your natural born abilities. And in the process of mastering your creative acts, it could be said that you created yourself.

Like a shadow that could only emit from you, your creative works are a part of you. However, if you are reading this, it is because someone stole or infringed upon your creative works. Someone stole a part of you. You have a right to what is yours.

However, no one but you can stand up for what is rightfully yours. Therefore, it is imperative that you stand up for your intellectual property. That you assert the rights granted to you not only by your own labor but by the law.

THEY DIDN’T JUST STEAL YOUR CREATIVE WORK, BUT YOUR TIME, EFFORT, AND PASSION

As a creator, when you get your work stolen, you suffer more than the loss of your work. Your work was the end result of countless hours. Not only those hours spent on the work itself but the hours you spent obtaining the knowledge and skills necessary. In addition, your work was the product of your effort.  The effort of countless edits, redrafts, or changes all in order to capture your vision. But most important of all, your work was also the outcome of your passion.

When a dishonest individual steals from you, or infringes upon what is not their own, they are taking so much more than your work from you. They are taking all of those elements from which your work was derived.

They knew what they were doing was wrong. They didn’t care. They could have contacted you at any time to discuss using your work. They could have reached out. They could have paid you what you deserved.  At the very least they could have given you credit. But instead, all they cared about was themselves.

So, they chose to steal your work from you–to steal your time, your effort. They chose to steal your passion.

It’s time you took the passion with which you created your work and used that same passion to defend your work. It’s time you stood up for yourself, if you don’t….

YOU COULD BE MISSING OUT ON HUNDREDS OF THOUSANDS OF DOLLARS

Fortunately, when someone steals your work or infringes upon your intellectual property, you don’t have to take it. You do have options. Hiring an attorney can get you the results your desire in court. Usually, when a creator has their work stolen or infringed upon, they ask the court for damages and court orders.

Damages are the amount of money awarded to the creator.  Generally, damages come in three categories:

• Actual Damages: These damages are based upon the creator’s financial harm as a result of the defendant’s conduct.
• Infringer’s Profits: These damages are based upon the defendant’s financial gain from stealing or infringing upon a creator’s work.
• Statutory Damages: These damages have a prescribed range set by law and allow a creator to obtain up to $150,000.00 per work infringed.

In addition to damages, you can obtain court orders.  Generally, the most important court orders in copyright or infringement cases are:

• Injunctive Relief: This is a court order to legally force the defendant to stop using, stealing, or infringing upon your work.
• Impoundment and Destruction of Infringing Articles: This is a court order to seize and destroy those items that infringe upon your copyright or work.

Therefore, as you are now aware, you have many legal options at your disposal. You can both be compensated for your loss and prevent that person from stealing from you again.

Despite your options, you may be reluctant to enforce your rights. You may just wish to move on, to forget, however, you must remember that…

IF YOU LET THEM STEAL FROM YOU, THEY WILL STEAL FROM OTHERS

If you are like many individuals in the creative professions, you probably value social harmony. You went into your vocation as you wanted to create joy, happiness, or simply express yourself. Conflict and fighting are the least of things that are on your mind. Nevertheless, at times, no matter how much we might not want to fight the bully, we have to stand up. If not for ourselves, then for others.  If your intellectual property or creative work has been stolen from you and infringed upon then you must stand up for your rights. If you don’t act, the person who stole from you will likely steal from someone else. You wouldn’t want any of your peers to fall victim to theft, would you?

THEFT REINFORCES SOCIETY’S BIASES AGAINST THE WORK OF CREATORS

Theft of the creative works of individuals harms more than just those individuals. It harms the creative community as a whole. Letting intellectual property theft occur reinforces society’s view that intellectual property and the work of creators is somehow public property to be shared and used as anyone sees fit.

Perhaps it is due to the ease with which creative works can be stolen, because people are constantly stealing creative works. However, have you asked yourself, how many of these same people that steal creative works would feel comfortable walking out of a retail store with merchandise with which they never paid. Probably not many.

Yet, for some reason, given biases within society, many people feel that it is okay to steal from creators. Standing up to those who steal from creators not only stops those people from stealing but helps educate society as a whole. Only through standing up for your rights will society acknowledge the contributions of creators, and the value of their work. And by fighting to raise respect for the creative community as a whole, you will also be raising the respect of your creative works as an individual.

BE A PART OF RESPECTED CREATORS, WHOSE WORK IS COVETED

Unfortunately, many people determine the value of on object based upon social proof. You may be the most talented individual. You may have created completely novel and unique work. Or your work may show a level of technical sophistication that few are able to achieve. However, to many people the value of your work will be determined upon social proof.

By having an attorney register your work with the copyright office, you will give legitimacy to your work. By having an attorney zealously guarding your work from infringement, you will maintain and add value to your work. You will give your work the appearance of scarcity so many covet. When you place value on your work by guarding your intellectual property rights in it, others will place greater value on your work as well.

OVERWHELMED?  FEELING HELPLESS?  WE CAN HELP

As a professional creator, after reading all of this information you may feel overwhelmed. You may feel helpless not knowing where to start or how to enforce your rights. After all, you went into your career as you are a creative individual who wanted to create new and exciting works. You did not become a creator to study the maze of rules and regulations.

That’s why Malakauskas Law, APC, is here to help you.  You will be helped every step of the way.  You will have someone who will:

• Register your work with the copyright office
• Help you evaluate your legal options
• Make your initial demand to the infringer
• File your lawsuit
• Litigate your lawsuit
• Negotiate any settlement
• Drafting any contract related to your work
• Enforce any contract

Each step will be manageable as you will have an experienced attorney at your side.  It will be a chance to grow and help you become more confident in protecting your rights.

Despite being offered help, you may still be feeling overwhelmed.  It is natural to procrastinate when you feel overwhelmed.  However, you should be warned that…

IF YOU DON’T ACT NOW YOU COULD LOSE THE RIGHTS TO WHAT YOU HAVE CREATED

What many individuals who have never been involved in the legal system fail to realize is just how many deadlines there are in the legal system.  Legal matters are highly time sensitive.  By waiting to act you could lose some, if not all, of your legal rights.  For example, if you fail to act now you may have the following legal issues:

• Statute of Limitations Violations: The deadline to file a lawsuit is known as the statute of limitations. If you fail to file your lawsuit within the deadline you may barred from filing your lawsuit.
• Waiving Statutory Damages: Statutory damages are a powerful tool for plaintiffs in intellectual property/copyright lawsuits. A plaintiff can often recover more through statutory damages then otherwise available. However, statutory damages are highly time sensitive.  You don’t want to miss any related deadlines.
• Affirmative Defenses: When you file a lawsuit, the defendant may bring up defenses that bar you from recovering. Some of these defenses are known as affirmative defenses. Some affirmative defenses are directly related to how long the plaintiff waited to assert their rights. Meaning the longer you take to assert your rights, the more likely the defendant will try to claim a time related affirmative defense. Some examples include: 1) Equitable Estoppel; 2) Laches; and 3) Abandonment.

Therefore, it is imperative that you act to enforce your rights now.  To schedule your strategic consultation with Mr. Malakauskas, call 702-979-2273, or send a message through the simple online inquiry form below.