Legal Question in Intellectual Property in Louisiana

Re: Copyright infringement

First of all, I am NOT admitted to practice in LA. However, copyright law is federal and the federal courts have exclusive jurisdiction over copyright infringement cases.

What can you expect to encounter? Expenses (lawyers, court costs, depositions, discovery, etc.). Frustration (litigation is frustrating and painful). Time consumption (courts move at their own speed). If you prove your case, you'll eventually recover damages IF you have registered the copyright for your architectural work. If you show willful infringement, you may receive treble damages plus court costs plus REASONABLE (which are rarely actual) attorneys' fees.

Note that a litigated case may get appealed by the loser. More expenses. More time. More frustration.

Many of these cases settle out before litigation really gets going, especially if the infringement is egregious.

Don't even think about bringing a copyright infringement suit by yourself. Hire a lawyer who practices in your defendant's home state to handle the matter for you. It is so very very easy to shoot yourself in the foot in federal litigation....

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: Copyright infringement

While Ms. Delain is not incorrect about some of the consequences of litigation, keep in mind that the defendant has the same drawbacks, plus the risk of losing a judgment. If a copyright is to be worth anything, you have to sue to enforce your rights. We handle copyright matters nationwide (with local counsel where necessary), and would be glad to review the matter and advise you.