Can You Afford An Attorney to Help You With Your Copyright Infringement Claim?
You’ve discovered that you have been infringed, gathered the evidence, and are now deciding what to do next. As our blog post, “Help! I’ve Been Infringed” explains, you have options, one of which is to retain an attorney to help you recover damages for the infringement. But can you afford one?
Lawyers usually charge either by the hour or a contingency fee where the lawyer is paid a portion of the recovery via a settlement or court award. Other less common fee structures include a flat fee or pro bono (for free), or a combination of any of these choices.
The average 2013 hourly billing rate for lawyers was about $604 for law firm partners and $370 for associates. So your attorney fees can escalate quickly. Few photographers can afford to pay these fees, and they especially are costly if you are unable to recover any damages.
So a contingency fee arrangement may be your only option to get a lawyer’s help. Finding an attorney who works on contingency for copyright infringement claims can be difficult enough, but a recent survey conducted by the Copyright IP section of the American Bar Association found that most attorneys won’t take a copyright infringement claim unless it’s worth at least $30,000. Many infringement claims don’t rise to that value.
Enter Photo Attorney®. We started our law firm 12 years ago specifically to help photographers, knowing that most can’t afford the traditional law firm arrangement. By having lower overhead, we are available to help more photographers with their infringement claims on a contingency fee basis even when the potential damage recovery doesn’t meet other firm’s threshold. Also with our firm, you get an experienced attorney to immediately and directly handle your infringement claim — not a layperson. Your case will get personal attention, as will you. And, even better, your share usually will be 2/3 of the total recovery!
Our attorneys have the experience and will take the time to advise you on all your potential claims and options, including negotiating a claim pre-suit to filing a lawsuit on your behalf in federal court. We currently are representing clients in court cases from Florida, to New York, to Texas, to California, and places between. We understand the parameters of the DMCA, as well. Your options to battle infringement often include more than a take-down notice.
Want to find out whether we can help you with your infringement claim? It’s easy and free.
First, make copies of the infringing uses as soon as possible (get tips on gathering the infringement evidence at https://www.photoattorney.com/?p=3902 and https://www.photoattorney.com/?p=3934). Read Help! I’ve Been Infringed! and What’s An Infringement Worth? Then download and complete our Copyright Infringement Evaluation Form (or request one by email). Finally, send the completed Evaluation Form and requested documents by email.
We’ll review your submission asap and let you know how we can help you to get the money you deserve.
NOTICE: Past results do not guarantee, warrant, or predict future cases.Check Photo Attorney on Lynda.com, in the Lynda.com Article Center, and on Twitter!