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Woodmere, NY 11598

(516) 268-7077

Copyright Law

Copyright Attorneys in Long Island, NY

You are an artist of sorts. You exerted your talents to craft something hyper innovative. Someone has decided they can use your work as their own. Whether it was a song, painting, photograph, work of art, play or article, when you see part or all of your work elsewhere, your name is nowhere to be found. You created a work of art, such as a painting, a photograph, an article, a book, a song or a play. Later, you found all or part of your creation used elsewhere, without your permission, without your name attached at all. The Rubinstein Law Firm has been involved in over 1000 copyrights. We apply that know-how to aggressively chase infringers or protect alleged infringers. We put that experience to address infringement of non-registered and registered copyrights. If you like winning, you have come to the right place.

Licensing and Royalties

Copyright license agreements are from the most common licenses in many forms of creative work especially in the software industry. If you hold a copyright or hope to, you may need to form a licensing agreement to transfer such rights. With a licensing agreement, you elect the portion of your rights you wish to transfer. We can help you draft an agreement that protects your rights and meets other important requirements for you. Such agreements should be developed with a targeted legal strategy, including:

  • Limitations of license
  • Details of payment of royalties
  • Rights and obligations of copyright owner and licensee
  • Complete description of the work
  • Grant of license detailing rights being transferred

For software, user must click “agree” prior to installation and the licensee owns the right to produce a limited number of copies (reproductions) for instance, to install on one or more computers. Another instance is a publishing agreement where an author grants a license to distribute and market a manuscript to a publisher. In any such example, the copyright owner transfers only a part of a right—and retains the remainder. A well-crafted agreement is crucial to both licensors and licensees in such situations to avoid potential miscommunication and future litigation. These clauses must be extremely precise. We have extensive experience developing contracts that convey copyrights while protecting our clients.

How We Win the Case

First, we analyze the infringement. If the work-in-question is substantially similar to your original, we must evidence that the alleged infringer could access your work of art to copy. Next, prove damages. We need to understand the extent of the infringer’s profit, so we can win back the fullest extent of damages. You might be entitled to enhanced damages and even attorneys fees, if your copyright is infringed. Some issues to be aware of:

  1. It may be challenging to find your infringer.
  2. Did you create the work while working for someone else whether as a contractor or employee?

A deep dive may be required to understand who is responsible.

One of the reasons our firm is so popular, is we always know how to get to the bottom of this.

FAQ’s

  • What grounds do I need to file for divorce?
    • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
  • Do I file a contested divorce or an uncontested divorce?
    • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
  • How much does the divorce process cost?
    • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
  • How long before I am officially divorced?
    • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

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