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Intellectual property litigation: A bit about copyrights

Copyrights are valuable assets, probably some of the most valuable assets company owners in Colorado and elsewhere may have. When copyright infringement becomes an issue, intellectual property litigation may be necessary to resolve it. Then again, it may not. Every case is different.

Copyrights can be obtained to ensure that people retain authorship of their original works. Various types of intellectual property may be granted copyright protection. A few examples include:

  • Music
  • Books
  • Works of art
  • Computer programs

Common property, or property that has no original authorship, is not subject to copyright laws. Copyright protection does also not apply to ideas, concepts, methods, processes and functional works -- among a few other things. Those who wish to find out if their property is subject to copyright law can turn to legal counsel for guidance on the matter.

Copyright protection does not require official registration, though registering with the United States Copyright Office can help one's case if an infringement issue ever arises. Registering is a prerequisite if one wishes to litigate an infringement case in federal court. When one registers will determine what type of damages may be available if copyright litigation is pursued.

Before pursuing intellectual property litigation over copyright infringement, it may be possible to settle the issue through negotiation, mediation or arbitration. If those options fail and a lawsuit is deemed appropriate, legal counsel can prepare and present one's case before a judge. Reaching a resolution can be time-consuming and expensive but worth it if one's case is successfully navigated. Remedies available to Colorado business owners who win their infringement cases include temporary/permanent injunctions, statutory damages, monetary damages, restraining orders and legal fees -- among others.

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