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Avvocato Arlo Canella
With the rise of the Internet, sharing and dissemination of content has become easier than ever before. However, this ease of access has also led to a dramatic increase in intellectual property violations. In this article:
One of the main problems in online intellectual property is identifying who is copying our clients’ work. Fortunately, with the advancement of technology, digital tools exist to monitor and detect infringement. As a law firm specializing in intellectual property, we use a number of professional tools to examine the Web and identify anyone who copies our work (e.g., our articles) or that of our clients.
When it comes to slavish imitation, in fact, the tort is almost indisputable. However, many copyright holders fail to detect infringement easily, fearing that the texts are not original enough. This is a mistake because blatant (word-for-word) infringement of intellectual property most likely leads to compensation, and there is no reason to fear legal fees because, as a rule, they will be borne by the infringer. The important thing is to catch him by surprise so that proof of infringement can be preserved.
Every author or publisher should seriously consider the systematic use of intellectual property monitoring tools. These tools, used on a regular basis, can turn from an expense into a profitable investment. For example, some companies that deal with original text, articles or images enter into framework agreements with specialized law firms such as ours to monitor the Web and take action in case of abusive (unauthorized) exploitation.
When an infringement is identified, after properly preserving evidence of the infringement, we contact the responsible party by sending a legal notice, demanding that the infringement be stopped and compensation be paid. Our cease-and-desist notice already includes an estimate of damages, based on calculations similar to those that would be made by a judge in court litigation.
Unless the copycat is difficult to trace or is found to be null and void, it would make no sense not to proceed with an action for compensation of infringed rights. Indeed, the plagiarist – faced with blatant infringement – would only risk aggravating the situation with additional legal fees.
Ecco alcuni strumenti online che possono aiutare a setacciare il Web per proteggere la vostra proprietà intellettuale e stanare eventuali plagiatori:
Ricordate, tuttavia, che mentre questi strumenti possono aiutare a identificare le violazioni, non sostituiscono l’assistenza di un legale esperto in proprietà intellettuale. Se rilevate una possibile violazione, vi consigliamo di contattare un professionista per discutere della violazione e valutare se intraprendere un’azione legale.
Here are some online tools that can help you scour the Web to protect your intellectual property and track down any plagiarists:
Remember, however, that while these tools can help identify infringement, they are not a substitute for the assistance of an experienced intellectual property attorney. If you detect possible infringement, we recommend that you contact a professional to discuss the infringement and consider whether to take legal action.
There are a number of online tools (such as Copyscape and the other applications mentioned above) that can help you identify intellectual property violations. These tools, if used correctly and regularly, can become a useful ally in protecting your rights and, in some cases, even generate income.
As a law firm, over the years, in addition to assisting our clients in these types of situations, we have had to observe how our articles or entire parts of our Web site had been copied by some reckless person. We have therefore been forced to warn those responsible for the wrongdoing in order to see it stopped and obtain appropriate compensation.
Among the factors that determine the extent of damages are the duration, the extent of the tort, and the originality of the copied work. The law speaks, as always, of actual damages and lost profits or, alternatively, of “notional royalty” or the price that would have been charged by the right holder for granting permission for exploitation.
In addition to this, the author is also entitled to moral damages, which can also be quantified by the court on an equitable basis. Navigating the complicated world of intellectual property can be difficult without expert guidance, but from a tort invariably follows compensation.
If you suspect an infringement of your intellectual property or have intercepted a decidedly blatant one, we invite you to contact our firm to get an estimate of damages and assess whether you should proceed legally. We specialize in this area and have extensive experience in handling cases of unauthorized exploitation.
Over the past year, Canella Camaiora Law Firm has recovered rights in favor of its clients in most cases even without going to court. The perpetrator of an infringement, as anticipated above, if he is reachable and capacious, has no interest in aggravating his situation. Our expertise in the field is now proven by our years of service and many public awards.
Do not allow your original works to be exploited unfairly. Claim your rights and get the compensation you deserve. Contact us to find out how we can help you.
Avvocato Arlo Canella
