How to Defend Against Intellectual Property Violation Charges

Overzealous lawyers may send out cease-and-desist letters against people who have not actually violated any laws regarding intellectual property. If you face such a situation, you will need to defend yourself against these charges, possibly in court. Recently, many intellectual property cases have been against individuals who illegally download music and movies.

Instructions

Difficulty: Easy

1. Prove that you did not actually have access to the intellectual property in question. If you did not have it, you have the best defense against violation charges. However, since you are trying to prove a negative rather than a positive, it can be difficult to prove that you did not have the intellectual property in question.
2. Demonstrate that you had a valid license for the use of the specific intellectual property. If you purchased a copy legitimately, you have a valid license. Licenses usually allow for specific uses though and if you used your copy for purposes prohibited by the license you may still face violation charges.
3. Claim fair use of the intellectual property. Fair use includes academic scholarship, news reporting and criticism and is protected under the law.
4. Show that you had permission from the owner of the intellectual property to use it. While verbal consent is binding, it is unreliable proof in a court of law. A written contract is ideal.
5. Hire a lawyer to mediate or represent you in court. Because of the complexities of the laws covering intellectual property, it can be difficult to defend against charges of misuse without legal aid. Many lawyers have received special certification in intellectual property or have received additional education in the topic.

Tips & Warnings

• Some organizations attempt to defend their intellectual property across international borders. However, because of the variation among laws covering the topic, many uses may not be illegal in other countries.
• The free-culture movement is based on the idea that intellectual property laws are harmful. Various participants and foundations who belong to this movement have been known to provide legal aid, as well as financial aid, to individuals facing infringement charges.
• Most cases involving violations of intellectual property are settled out of court.
• You could face violation charges for infringing against trademarks, copyrights, patents, trade secrets and other rights if you have been accused of infringing on someone's intellectual property.
• In the past several years, lobbyists have worked to expand the scope of protections for intellectual property, as well as increase the potential fines and punishment for those who are found guilty of infringement.