Our IP litigation focuses mostly on copyright and copyright protection. We have many clients and potential clients who would like to pursue a copyright claim because they have an idea that they believe they have originated and they see it being stolen or used by somebody else. One of the things we help our potential clients understand is that IP litigation, in connection with copyright, is not something that is available solely because you have an idea that somebody has taken. That is not the purpose of what the copyright law accomplishes.

Copyright law provides protection for the placement if you will of the idea onto something, into something, that can be copyrighted such as a photograph, or a screenplay, or a piece of art. And, if someone simply has an idea that has not been translated into that medium then they don’t have a copyright claim they have something else potentially. Which is a breach of contract claim for a breach of an implied contract between you and the recipient of the idea that they would not use that idea without compensating you.

So, one of the things we like to do is to determine whether there is, in fact, a real copyright claim or some other type of claim so we can properly advise our clients.