Attorney Steve® - Copyright Infringement Essentials - Funding a lawsuit
Copyright cases are brought in federal court. They are not cheap. Our typical retainer is 5-10k (depending upon the complexity of the case) and currently we bill our time hourly at $495 per hour. Litigation can be expensive because in general you have the following steps:
1. File a lawsuit (federal court costs $400)
2. Serve the Defendant(s) ($100 or more)
3. Answer filed / Affirmative defenses / Counterclaims
4. Demurrers / Motion to dismiss
5. Required meetings of counsel / joint reports
6. Protective orders
7. Initial disclosures
8. Discovery / subpoenas / depositions / request for documents / interrogatories / admissions
9. Motions to compel discovery
10. Motion for summary judgment
11. Orders to mediate
12. Settlement conferences
13. Trial (can last days which can be very expensive)
These are the basic steps you see in a litigation. State court cases can be similar.
NOTE: In some cases a copyright infringement lawsuit can be taken on a contingency fee basis (for Plaintiffs), but for us, we need clear evidence of infringement and a registered copyright. Usually, we need evidence of willful infringement.
Defendants have a harder time finding contingency representation, but the "prevailing party" in copyright litigation is entitled to seek their attorney fees from the court (which is discretionary and based on a variety of factors).
So in general, copyright lawsuits can lasts months to years and can cost from $5,000 (if a quick settlement can be reached) or on up to $100,000 or more for lengthy litigation.
Contact a California copyright infringement law firm
We can review your case by calling us at (877) 276-5084. You may also email us through our contact form