If Someone Takes Me To Court For Alleged Copyright Infringement And Loses, What Are Chances I Can Recoup Attor?
Posted by Copyright Law Enquirer on July 19th, 2009 at 04:29am
If someone takes me to court for alleged copyright infringement and loses, what are chances I can recoup attorney fees, time lost, etc.
Also, would it cost me the same as it would for them to sue me in the first place? as in attorneys and such.
Thanks
Tags: Alleged, Chances, Copyright, Court, Infringement, Loses, Recoup, Someone, Takes, What
Under copyright infringement
3 Comments for If Someone Takes Me To Court For Alleged Copyright Infringement And Loses, What Are Chances I Can Recoup Attor?
1. Chuckie O | July 19th, 2009 at 6:24 am
If someone takes you to court, the judge may make a quick decision as to who would likely be the “winner,” before going to the trial. He will give a “cease and desist” order, pending outcome of the trial, in that case.
This will give a clue about how strong your evidence might be.
Copyright law is actually subjective in many cases, and, in all but the obvious cases, will be decided by judge and/or jury on general subjective guidelines. So it is not always possible to pick a winner beforehand.
You can file a counter-suit, but that doesn’t necessarily mean you will win the counter-suit if you win the copyright suit. If the person files the copyright suit and it looks like harassment, you have a better chance of winning. If it looks close, a lesser chance.
2. Niecy | July 19th, 2009 at 10:12 am
Generally, Slim to None. Usually both sides wind up paying their own costs.
It usually is not the same cost involved for both sides. It depends on a lot of different variables: which attorney you have- “A”, “B”, “C” rating with Martindale-Hubble, years of experience, sole practitioner or in a firm, whether he is a specialty attorney, etc. You know most attorney set their own fees and add all cost to the total.
I definitely would seek a specialized attorney to defend this type of suit and counter-sue for cost. Good Luck!
3. Boatin' in VA! | July 19th, 2009 at 2:29 pm
If you strongly believe that the suit is baseless you should have your attorney file a counter suit for the costs and damages incurred.
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