Fighting Allegations of Philadelphia Software and Media Piracy

Fighting Allegations of Philadelphia Software and Media Piracy

Philadelphia has become a hotbed for allegations of software and media piracy. With its thriving tech and creative scenes, it’s no surprise that copyright holders are keeping a close eye on the city. As a lawyer in Philly, you’re bound to encounter clients facing accusations of pirating software, music, movies or more. How can you build the strongest defense against these allegations?

Understanding the Laws

The core law governing these cases is copyright law. The Copyright Act grants creators of original works – from software code to songs – exclusive rights to reproduce, distribute, publicly perform, publicly display and create derivatives of their works. When someone makes unauthorized copies or distributes these works online, they violate the creator’s copyright.

Other relevant laws include:

• The Digital Millennium Copyright Act (DMCA) , which bans circumventing technological protections on copyrighted material.
• Trade secret law, which guards confidential information like source code.
• The Computer Fraud and Abuse Act, which prohibits unauthorized computer access.
• Various anti-piracy laws in Pennsylvania and at the federal level.
• Intellectual property laws, which cover patents, trademarks and trade secrets.

Understanding the nuances of these laws is crucial for building a strong defense. An experienced intellectual property lawyer can analyze the specifics of your case to identify potential arguments.

Leveraging Fair Use Protections

Even if your client did copy or distribute copyrighted material, they may still have a valid fair use defense. Fair use allows for using portions of protected works for purposes like commentary, criticism, news reporting, research and education.

For instance, a film student critiquing movie clips or a blogger embedding a song snippet could argue fair use. Analyze if your client’s purpose aligns with recognized fair uses – this can defeat allegations of infringement.

The courts weigh four factors in judging fair use: the nature of the use, the amount copied, market impact on the original work and purpose of the copying. Citing favorable precedents can bolster a fair use argument.

Fighting Back Against False Claims

In some cases, clients face threats or legal action over pirated materials they never actually accessed. The claims may be an attempt to extort a quick settlement. Other times, the evidence implicating your client is flat-out fabricated.

When claims are demonstrably false, you can go on the offense. Carefully compiled evidence exposing the truth can put you in a position to threaten countersuits for making false claims, abusing the legal system or defamation.

The prospect of their own liability may make false claimants back off quickly. Be prepared to stand your ground rather than cave to pressure.

Seeking Removal of Infringing Content

If your client’s software, music or other content is pirated online, you can utilize DMCA takedown procedures to have it removed. Drafting proper DMCA notices can compel sites and hosts to take down infringing materials or risk losing safe harbor protections.

Seeking removal of pirated content helps mitigate the damage of piracy. Combining takedowns with demands that search engines like Google de-index links to the content can make it far less accessible.

Pursuing takedowns also demonstrates your willingness to enforce your copyrights – which can deter future infringement.

Alternative Resolution Strategies

Even with strong defenses, litigation over piracy allegations can be lengthy and expensive. In some scenarios, alternative strategies like settlements and non-disclosure agreements make more sense than fighting in court.

Settling may be preferable if there’s irrefutable evidence of minor infringement. Quick resolution avoids further legal costs and negative publicity. The devil is in the details, however – restrictive settlement terms could harm your client’s interests.

Pursuing a non-disclosure agreement is another way to resolve allegations quietly while avoiding admissions of guilt. There are pros and cons to these approaches – discuss them thoroughly with your client.

Advising Clients on Avoiding Infringement

The best defense is a strong offense. Educating clients on legally using software, media and other protected content steers them away from allegations in the first place.

Explain the basics like purchasing proper licensing, adhering to terms of use, avoiding file sharing sites and implementing cybersecurity. Outline the massive fines and potential prison time for criminal copyright infringement.

Staying on the right side of copyright law means advising clients to access content only through authorized channels. Proactive education makes a piracy defense less likely to become necessary.

Defending against allegations of software and media piracy requires mastering complex copyright laws. But with diligent investigation, strong fair use arguments and cease and desist letters, you can protect your clients. Leverage your in-depth understanding of intellectual property law to push back against unfounded claims or resolve issues efficiently. With the right strategy, you can guard your clients against the most serious consequences of piracy allegations.

https://www.bitlaw.com/copyright/scope.html https://www.copyright.gov/fair-use/ https://www.copyright.gov/fair-use/more-info.html https://www.copyright.gov/dmca-directory/