Copyright Defense

You Received a Summons or Subpoena for a Copyright Lawsuit. Now What?

 
 

If you’ve been served with a copyright infringement complaint — or received a demand letter threatening one — you’re probably looking for answers fast. These cases move quickly, and the wrong response early on can make your situation significantly worse.

The Law Office of Jonathan Francis defends individuals and businesses against copyright infringement claims, including claims brought by some of the most active copyright plaintiffs in the country. We offer flat-fee representation so you know exactly what your defense will cost from day one. And because copyright infringement cases are filed in federal court — and our firm includes attorneys licensed across most U.S. states — we can represent clients nationwide. 

Serial Copyright Plaintiffs — What You Need to Know

Some copyright infringement lawsuits are filed by plaintiffs who pursue hundreds or thousands of cases at a time. You may have heard of:

Strike 3 Holdings, LLC

One of the most prolific copyright plaintiffs in federal court, filing thousands of lawsuits alleging illegal downloading of adult content via BitTorrent. These cases are often filed against John Doe defendants identified only by IP address, with subpoenas served on internet service providers to obtain subscriber information.

Joe Hand Promotions

A commercial licensing company that pursues claims against bars, restaurants, and other establishments alleged to have shown pay-per-view sporting events — such as boxing or UFC matches — without a commercial license.

If you’ve been named in a lawsuit by either of these plaintiffs, or received a pre-suit demand letter, contact our office immediately. Time matters in these cases. We handle these matters for clients throughout Illinois and across the country.

Why Flat-Fee Representation?

Copyright infringement defendants often face a difficult calculation: the cost of fighting a case versus the cost of settling. That calculation gets harder when you don’t know what your legal fees will be.

We offer flat-fee defense representation for copyright infringement cases because we believe you deserve to make informed decisions. When you know what representation costs upfront, you can weigh your options clearly — without the anxiety of an open-ended hourly bill.

The majority of these cases resolve through negotiated settlements without requiring a court appearance, which means that in most situations, your geographic location is not a barrier to effective representation. Contact us to discuss your situation and get a flat-fee quote.

What Happens After You’re Sued

Copyright infringement cases in federal court follow a specific process. Understanding it helps you make better decisions: 

1.     The complaint is filed. In BitTorrent cases, this is often filed against a “John Doe” defendant identified only by IP address.

2.     A subpoena is issued to your ISP. The plaintiff asks the court for permission to subpoena your internet service provider to identify the subscriber behind the IP address. You may receive a notice from your ISP at this stage.

3.     You are identified and served. Once the plaintiff obtains your information, they may amend the complaint to name you and serve you with process.

4.     You must respond. Failing to respond to a federal complaint leads to default judgment. Deadlines are strict.

5.     Settlement or defense. Many of these cases resolve through negotiated settlements. Others are defended on the merits. The right path depends on the specific facts of your situation.

Defenses and Options

Every case is different, but common defenses and considerations in copyright infringement matters include: 

•       Challenging whether the plaintiff actually owns a valid copyright registration

•       Challenging whether the IP address evidence actually identifies you as the infringer

•       Fair use analysis, including parody and commentary

•       Challenging damages calculations

•       Negotiating a favorable settlement that avoids prolonged litigation

Contact Us Today — From Anywhere in the Country

Copyright infringement cases move fast. The sooner you have counsel, the more options you have. We represent clients in Illinois and nationwide.

Jonathan Francis | Law Office of Jonathan Francis

Monadnock Building | 53 W. Jackson Blvd., Suite 1126 | Chicago, IL 60604

(312) 210-0308

Serving clients throughout the Chicago area and Illinois. Nationwide copyright infringement defense.