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Wang IP Law Group scores big win for small organization

Copyright protections allow the owner the ability to hold a party that violates the copyright accountable for the violation. But when does the use of a copyrighted material rise to the level of a violation? That was the question discussed in a recent a case.

The case is a typical David v. Goliath story. In Divine Dharma Meditation International, et al. vs Institute of Latent Energy Studies, a large, worldwide organization accused a small nonprofit of violating its copyright when it displayed copyrighted artwork of a historical figure, Dasira Narada. The small nonprofit countered that its use of the artwork did not rise to a true violation and instead qualified as fair use of the artwork.

What is fair use? The United States Copyright Office explains fair use is a legal doctrine used to promote the freedom of expression. It allows for the unlicensed use of copyrighted works in certain situations. Qualifying examples can include news reporting, research and teaching situations.

When does an accused’s use of a copyright protected material fit within the fair use doctrine? A court will generally take four factors into consideration when analyzing fair use. These factors are:

  • Purpose and character of the use. The Copyright Office notes courts are more likely to find nonprofit, educational and noncommercial uses are not in violation of copyright protections.
  • Nature of the copyrighted work. The court will also review whether or not the use encourages creative expression.
  • Amount and substantiality of the taken work. Courts review the quantity and quality of the used portion of the copyrighted work.
  • Effect of the use upon the potential market. The court also looks into the impact of the use on the original copyright owner’s market.

In this case, our defensive strategy successfully focused on the fact the artwork was not used for a commercial purpose. As such, the accused was able to establish their use did not impact the plaintiff’s market for the copyrighted work.

It is important to note fair use is more than just a defense. This legal theory established a right for this small, nonprofit meditation group to display the artwork of their founder.

A note about defensive strategies and choosing the right legal counsel

The plaintiffs’ conduct can’t be characterized as “tricks,” but the plaintiffs’ counsel in this case was significantly older. Law is a profession where age can often be seen and used as an advantage — there are times when you will be looked down on, simply because you are viewed as a younger attorney. After all, with age comes experience.

As younger attorneys and advocates for our client, we may not have the years of “experience” the opposing counsel has to offer — so that 1) we can make sure we are asking the appropriate questions, and organizing the series of facts in a manner the jury can understand; 2) conducting a detailed study of the law and facts, so that we can use the fair use defense to our client’s utmost advantage; and 3) being respectful in our trial conduct. Each attorney has their style, and it’s not to say one is better than the other, but we are always mindful in how we speak to opposing counsel, the judge, and witnesses on the stand, whether or not they are on our side. While you need to ask the hard questions in cross examination, and you need to advocate for your client, we always try to be respectful to the other party, because the jury is watching. Being rude or needlessly antagonizing the other party on the stand does nothing to further your case.

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Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

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