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Copyright Appeals

Copyright Lawyer for California and Arizona cases (and other states where we may be able to be admitted pro hoc vici).  If the case involves infringement, you found the right firm.  This is the home of Attorney Steve®

California copyright attorney

Introduction - Copyright federal court cases and appeals!

Our firm is a leader in Copyright infringement defense and prosecution.  Copyright law is a very specialized subject outside the grasp of even intellectual property lawyers (many who focus on trademarks or patents for example). Our firm has offices in San Diego, Santa Monica (serving greater Los Angeles area), Newport Beach (Orange County Office) and San Francisco (serving the silicon valley and bar area including San Jose).

We can handle your federal court litigation (we are top 20 in the United States according to Lex Machina) but many times a company or individual artist or photographer, software developer, etc. does not find us until AFTER they lost at the district court level.  Sometimes, because as they tell us "our counsel didn't really understand the intricacies of federal copyright law.

Copyright Infringement Appeals Cases

If you were the winner or loser in a federal copyright lawsuit and want to appeal or need defense in an appeals case we can help.  Appellate court is much different than a trial court.  On appeal, you need to identify serious prejudicial errors of law that prevented a fair trial or a just result. 

However, unlike in federal district court where the “throw everything against the wall and see what sticks" approach is not necessarily a bad thing, on appeal, you need to focus on prejudicial errors and it is helpful to identify one to three main issues (there could be more) that reflect a serious mistake at the lower court which deserves a new trial.  We can help examine your lower court case and decide if you have good grounds for appeal.  We do charge to review the case.

Here is a sample letter you may have received if your Copyright Infringement of DMCA “bad faith” lawsuit gets dismissed by federal district court.  This one is from New York.

Dear Litigant:

Enclosed is a copy of the judgment entered in your case. If you disagree with a judgment or final order of the district court, you may appeal to the United States Court of Appeals for the Second Circuit. To start this process, file a “Notice of Appeal” with this Court's Pro Se Intake Unit. You must file your notice of appeal in this Court within 30 days after the judgment or order that you wish to appeal is entered on the Court's docket, or, if the United States or its officer or agency is a party, within 60 days after entry of the judgment or order. If you are unable to file your notice of appeal within the required time, you may make a motion for extension of time, but you must do so within 60 days from the date of entry of the judgment, or within 90 days if the United States or its officer or agency is a party, and you must show excusable neglect or good cause for your inability to file the notice of appeal by the deadline. Please note that the notice of appeal is a one-page document containing your name, a description of the final order or judgment (or part thereof) being appealed, and the name of the court to which the appeal is taken (the Second Circuit) – it does not include your reasons or grounds for the appeal. Once your appeal is processed by the district court, your notice of appeal will be sent to the Court of Appeals and a Court of Appeals docket number will be assigned to your case. At that point, all further questions regarding your appeal must be directed to that court.

The filing fee for a notice of appeal is $505 payable in cash, by bank check, certified check, or money order, to “Clerk of Court, S.D.N.Y.” No personal checks are accepted. If you are unable to pay the $505 filing fee, complete the “Motion to Proceed in Forma Pauperis on Appeal” form and submit it with your notice of appeal to the Pro Se Intake Unit. If the district court denies your motion to proceed in forma pauperis on appeal, or has certified under 28 U.S.C. ‘ 1915(a)(3) that an appeal would not be taken in good faith, you may file a motion in the Court of Appeals for leave to appeal in forma pauperis, but you must do so within 30 days after service of the district court order that stated that you could not proceed in forma pauperis on appeal. For additional issues regarding the time for filing a notice of appeal, see Federal Rule of Appellate Procedure 4(a). There are many other steps to beginning and proceeding with your appeal, but they are governed by the rules of the Second Circuit Court of Appeals and the Federal Rules of Appellate Procedure. For more information, visit the Second Circuit Court of Appeals website at http://www.ca2.uscourts.gov/.

Types of cases we handle - Federal District Court Litigation

Here is a sample of the types of cases we handle.  In these areas of law, there is simply no substitute for experience.  We have been fighting big companies since 2004.

  1. Fair use defense (we can also provide fair use opinion letters for moviemakers and others)
  2. First Sale doctrine
  3. Software infringement (we handle Autodesk, Vero, Siemens, Microsoft, Solidworks and other cases involving allegations of software piracy).
  4. TV signal piracy cases (ex. we represent many businesses, bars, restaurants, and night clubs accused of broadcasting commercial boxing matches without paying for the proper licensing rights).  These can include cases with Innovative Sports Management, Joe Hand Promotions, J&J Sports and G&G Closed circuit.  We are amongst the industry leader handling these cases.  If you received a letter from Thomas P. Riley Law Offices or Janis law firm call us to discuss.
  5. Jewelry infringement
  6. Film and video infringement (Strike 3 Holdings cases in California - we are the leading defense firm).  
  7. Photo infringement (ex. Higbee & Associate cases | ImageRights | PicRights).
  8. Microsoft software audits (including SPLA and Business Software Alliance - we have handled several hundred software audits over the years)
  9. Autodesk EULA software license compliance audits, including new "EULA" audits where they demand you use SCANWIN software to show them your level of compliance, or more often, your lack of compliance or use of illegal software crack codes.
  10. Adobe infringement (can arise as part of a BSA software audit)
  11. Apple infringement (these cases involve potential counterfeiting, trademark infringement and copyright infringement).  If you received a letter from Kirkpatrick Townsend call us for a free consultation.
  12. Other copyright infringement claims (music infringement, computer fonts, lyrics, mobile applications, websites / plagiarism and more).

Federal Courts we are or have been admitted to practice before.

We have been admitted in several federal courts.  If you have a case that is located in one of these areas contact us. If not in one of these areas, you can also contact, but just realize their may be a requirement for us to partner or associate with "local counsel" to represent you.

  1. Central District of California
  2. Northern District of California
  3. Eastern District of California
  4. Southern District of California
  5. Arizona federal court – Phoenix
  6. Federal District Courts of New York (Eastern and Southern District)
  7. Texas federal district Court (Houston)

Contact a Copyright Appellate Lawyer

Call us to discuss your case at (877) 276-5084.  Click here to see our federal court experience (over 200 federal copyright infringement cases handled since 2004.  Click here to see our outstanding Avvo client reviews.  In many (non-litigation cases - ex software audits or privacy defense cases) we are able to fix a LOW PREDICTABLE flat rate fee.  The same goes for Strike 3 Holdings Defense cases.  

Attorney Steve®

Contact us for an initial consultation!

For more information, or to discuss your case or our experience and qualifications please contact us at (877) 276-5084. Please note that our firm does not represent you unless and until a written retainer agreement is signed, and any applicable legal fees are paid. All initial conversations are general in nature. Free consultations are limited to time and availability of counsel and will depend on the type of case you are calling about (no free consultations for other lawyers). All users and potential clients are bound by our Terms of Use Policies. We look forward to working with you!
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