Looking for a copyright infringement expert witness for your dispute?  Look no further.  Call us to discuss our mediation and expert witness services at (877) 276-5084.

Steve Vondran, Esq., is a is a California and Arizona licensed IP legal counsel.

Introduction

Copyright law is exploding.  There are so many different types of copyright disputes that can arise both online and offline.  But, finding a lawyer experienced in handling these matters, and a wide variety of infringement matters, is not always easy to do.  Then, having that person be a credible expert is still another issue.  Recently, I was retained as a copyright infringement expert in a design dispute.  The case has not yet gone to trial, and I have not yet been confirmed by the court as a qualified expert, but expect to do so.  This led me to think that I should offer my services up in this area, since I have handled approximately 1,000 copyright infringement disputes since my firm was launched in 2004.  I am licensed in both Arizona and California. If you would like to discuss your case, please give us a call at (877) 276-5084 or fill out the contact form on the right side of this page.

Copyright Mediation

I have also noticed a lack of qualified lawyers who are skilled at mediation, and able to mediate your copyright infringement dispute.  A good mediator has to have a special skill set.  For one, they have to truly understand the intricacies of federal copyright law in the United States including basic legal principles such as:

• Fair Use: Determining what constitutes fair use in different contexts, including educational use, parody, and commentary.
• Digital Rights Management (DRM): Challenges related to the implementation and circumvention of DRM technologies.
• Orphan Works: Issues regarding the use of works for which the copyright owner cannot be located.
• Copyright Infringement: Identifying and addressing unauthorized use of copyrighted material.
• Secondary Liability: Holding internet service providers, platforms, and other intermediaries liable for user-uploaded infringing content.
• Copyright Duration: Determining the length of copyright protection and related extensions.
• Moral Rights: Protecting the personal rights of authors, such as the right to attribution and the right to object to derogatory treatments of their work.
• First Sale Doctrine: The right to resell or distribute legally purchased copies of copyrighted works.
• Public Domain: Identifying works that are free to use without permission due to expired copyright.
• Derivative Works: Issues surrounding the creation and use of adaptations, translations, and other derivative works.
• International Copyright Issues: Navigating copyright laws across different jurisdictions and countries.
• Copyright Registration: The process and benefits of registering a copyright with the relevant authorities.
• Copyright Licensing: The complexities of negotiating and drafting licensing agreements.
• Copyright Enforcement: Legal strategies and mechanisms for enforcing copyright rights.
• Copyright in the Digital Age: Addressing new challenges brought about by the internet and digital technologies.
• Collective Rights Management: The role of organizations that manage rights on behalf of multiple copyright holders.
• Copyright in Software: Issues specific to the protection and licensing of software.
• AI and Machine Learning: Addressing copyright concerns related to the use of copyrighted material in training AI models.
• User-Generated Content: Managing copyright issues on platforms that host user-generated content.
• Text and Data Mining: Legal considerations for using copyrighted material in data mining activities.
• Music Sampling: Navigating the legalities of sampling existing music in new compositions.
• Copyright in Academic Works: Specific issues related to the copyright of academic publications and research.
• Libraries and Archives: Copyright challenges related to the digitization and access to library and archival materials.
• Photographs and Visual Art: Protecting and enforcing the rights of photographers and visual artists.
• Copyright in Traditional and Indigenous Knowledge: Protecting the intellectual property rights of traditional and indigenous communities.

Attorney Steve® Discusses Mediation

Next, they have to really understand what it takes to be a good mediator.  Typically, this involves really digging in to understand the facts of the case, and the applicable law. In my opinion, too many IP mediators ask each party to submit a mediation brief, only to find out they have not really read it, or put in the amount of time needed to understand the dispute by the time the scheduled mediation rolls around.  This is a recipe for wasted time and money at mediation and. a reduced chance at successfully resolving the matter.  

Finally, you have to be persuasive and a tad bit aggressive to point out to each party the weaknesses in their respective cases, but also to be skilled at bringing people together to form a compromise.

I have found this skillset to be particularly hard to find, especially from the mediators who provide "three free hours" of mediation before charging.  Too often, it is an incentive for a mediator to take three hours to learn about the case.

If you are looking for a mediator or arbitrator to hear your copyright infringement dispute, take a look at Steve Vondran, who has been a 20-year litigator, and review our background.

While I do not provide three free hours, I will come to the mediation prepared to get moving to resolve your issue, and hopefully, settle your case.

Dispute areas

Here are some of the common copyright disputes we see every day

1. Allegations concerning use of pirated or unlicensed software (Ansys, Autodesk, Synopsis, Siemens, Solidworks, Vero Hexagon, Microsoft, Adobe and many others)
2. Photo infringement disputes
3. Copyright Management information disputes (CMI under 17 U.S.C. 1202)
4. DMCA takedown issues involving YouTube, Vimeo, TikTok and other video platform hosting sites)
5. Anti-circumvention claims under section 1201
6. DMCA bad faith takedown law under 17 U.S.C. 512(f)
7. Drone aerial video infringement
8. Etsy copy cat product disputes involving allegations of copyright infringement
9. Apple and Google Play mobile application disputes involving allegations of copying game play, characters, and other)
10. Illegal display of boxing matches in commercial restaurant and dining establishments (ex, Joe Hand, G&G Closed Circuity and J&J Sports)
11. Copyright fair use opinion letters
12. eBook and book infringement
13. Strike 3 Holdings file sharing disputes involving torrenting videos 
14. IPTV disputes, selling devices or access codes which allow users to access copyrighted television and movie content without authorization (ex. MPAA disputes, ACE alliance and Dish-Nagrastar
15. Copyrighted jewelry design infringement
16. Infringement of fabric and fashion design (ex. Star Fabrics)
17. Copyright issues involving architectural designs and plans
18. Copyright licensing disputes
19. Co-ownership copyright disputes
20. Apple counterfeit product disputes involving copyright and trademark

These are some of the common issues my law firm, Vondran Legal®, deals with every day.

Contact us

If you would like to discuss your case, please give us a call at (877) 276-5084 or fill out the contact form on the right side of this page.  Steve Vondran, Esq., is an intellectual property lawyer who has appeared in over 500 federal litigation cases, and resolved approximately 1,000 or more legal disputes involving copyright protected subject matter and related works.  You can see our impressive client reviews here.