Copyright disputes lawyers

Copyright Disputes Claims & Defence of Copyright by specialist lawyer

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PAIL® Solicitors specialises in copyright infringment cases including representing the claimant or defendant in copyright disputes relating to businesses in the digital media, technologies and entertainment industries. For a consultation with us use our above form or call Peter Adediran on 020 7305-7491 or email petert@pailsolicitors.co.uk.

HELP! How do I resolve a copyright dispute in England?

In the digital world, it is common for people to use different music, sound recordings, printed work extracts and other copyrighted material to supplement or support their creations. Without a working knowledge of how copyright works, resolving disputes relating to copyright infringement is challenging.

This guide details the basics of protecting your copyright.

SOME OF THE FACTORS YOU SHOULD CONSIDER IN A COPYRIGHT DISPUTE INCLUDE:

1.        The jurisdiction- is the copyright infringement arising in England?

2.       Are the resources available to you? – legal aid does not cover copyright infringement disputes - can you afford the wasted productivity time dealing with the situation yourself with a real risk of making matters worse? - do you have the time, money, and capacity to engage a copyright lawyer? – do you have legal expense insurance?

3.      The capacity and attitude of the other party- what monetary means do they have, are they a big or small company? Are they aware of the economic impacts of copyright infringement? Will a financial solution resolve the issue, or is there more at stake?

4.      Your end goal- what do you want to achieve through the dispute resolution process? Is there more at stake than money? Is your reputation or dignity at stake?

To resolve disputes arising from copyright infringement, you may opt to adopt formal or informal processes. The formal process involves taking the other party to court. Here, one has to fulfil the pre-action protocol requirements. On the other hand, informal methods of resolving disputes include mediation, arbitration, and negotiation. These methods offer flexibility and ease; in terms of managing time and money.

Disputing parties based in England can use one or a combination of these methods depending on the intended end goals.

Below is a brief discussion of each method of resolving Copyright disputes in England.

·       In-court proceedings- Here, the issues are resolved in proceedings in a court presided over by a Judge. The process is governed by the Civil Procedure Rules, which set out how litigants should express documents and evidence as well as timing and other administrative procedures. Most people would retain an intellectual property lawyer to represent them in court proceedings, but many people also chose to represent themselves. In court proceedings are publicly recorded. In-court disputes will involve court expenses such as court filing fees and lawyers’ fees. It is a general rule that the loser pays the winner's costs, but in reality, this is an oversimplification. A litigant should seek legal advice on their costs recovery position on a case-by-case basis. Despite the expense, in-court proceedings are the best value when the issues require more than a financial remedy or the parties are very far apart, and time trying to reach an amicable solution would be wasted.  

·       Mediation- in this method, conflicting parties appoint the services of an impartial third party. This process is swift and confidential. The mediator serves facilitative purposes by helping the disputing parties reach an amicable agreement. This method will usually involve the payment of mediator fees.

·       Arbitration- this involves a qualified third party called an arbitrator. They listen to the dispute and offer a solution. This method offers the security of the finality of arbitral awards. Arbitration means that the decisions of the arbitrator bind the disputing parties, and it is legally enforceable. Companies or individuals will often include an arbitration clause as part of their terms and conditions. This clause guides the process of resolution of disputes arising from the use of their website.

 ·       Negotiations- this is the simplest means of resolving cases of the infringement of copyright. The parties may appoint agents or choose to work alone. The parties may set up a meeting and discuss their differences with a view to an amicable settlement.  It is advisable to set out an agenda and circulate heads of terms of what a final agreement will look like before a negotiation.

Litigants should check their terms and conditions or contracts to ensure that they have complied with an alternative dispute resolution clause before rushing to issue court proceedings as they could be in breach of contract. If a party unsuccessfully pursues mediation and negotiation, they can always opt for in-court proceedings.

Other things to consider before issuing proceedings include jurisdiction. If the dispute involves a party outside the UK, you need to take care to see if the English courts have jurisdiction. Typically, such cases are administered under international conventions such as the WIPO Berne Convention for the Protection of Literary and Artistic Works 1971 and the Universal Copyright Convention (UCC).

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