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Intellectual Property

Copyright Dispute

Two co-founders split and both claim the code, a photographer says a client's license has expired, or a former bandmate objects to a re-release. Many copyright disputes are not about strangers copying, but about people who once worked together.

Reviewed

01 GUIDE

Copyright Dispute: what usually happens

Disputes over who owns the work

Ownership questions often go back to how the work was made. Employees usually create work owned by the employer when it falls within their job, but independent contractors usually own what they create unless they signed a written assignment, and the categories in which a contractor's work can be treated as made for hire are limited. Joint authors each hold rights in the whole work, which generally lets each grant non-exclusive licenses but requires sharing the profits with the others. Emails, dated drafts, invoices, and any agreement, even an informal one, usually decide these questions.

Disputes over the scope of a license

Other disputes are about whether a use went beyond what was licensed. A license for a website may not extend to print, a license for one product line may not cover a rebrand, and a license that ended may still be relied on by a business that never noticed the end date. Courts read license language closely, and unclear terms are argued from the parties' course of dealing. Where the licensor claims a breach, whether the overreach is treated as a contract claim or as copyright infringement can affect the remedies available. A licensee who believes the use was covered should gather the license, invoices, and correspondence showing what both sides understood at the time.

Choosing the forum

Not every copyright dispute belongs in federal court. The Copyright Claims Board, run within the Copyright Office, handles smaller claims through a streamlined process with a cap on damages, but the other side can opt out, which ends the proceeding there. Mediation is common between former collaborators who still share commercial interests in the work. Federal litigation offers broader remedies and is usually the route when the stakes are large or an injunction is needed, and registration is generally required for U.S. works before suit. Once we know how the work was made, what the agreements say, and what each side wants to keep, we can weigh which forum fits.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

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Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about copyright dispute and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.