COPYRIGHT EXPERT WITNESS TESTIMONY BY TRIAL TESTIFYING CONSULTANT

22 Jul COPYRIGHT EXPERT WITNESS TESTIMONY BY TRIAL TESTIFYING CONSULTANT

Posted at 08:19h in Uncategorized by

A copyright expert witness testimony authority and testifying trial consultant aids law firms in litigation involving infringement, providing opinions about the protection of original works of authorship. And of course as consulting pros go, copyright expert witness leaders explain how laws apply to a specific case, focusing on the originality, ownership, and potential infringement of creative works.

  1. Copyright Infringement
    The most common type of case where an SME is involved. A top copyright expert witness evaluates whether a particular work has been copied or reproduced without authorization. Consulting advisors to attorneys analyze whether the defendant’s work is substantially similar to the original, focusing on elements such as plot, characters, music, or visual composition, depending on the type of work.
  2. Fair Use Defense
    In some cases, the defendant may argue that their use of the work falls under the fair use doctrine, which allows for limited use of material without permission under certain conditions. Your typical copyright expert witness reviews and assesses the four factors of fair use—purpose, nature of the copyrighted work, amount used, and effect on the market—to determine whether the use is justified.
  3. Ownership and Authorship Disputes
    Disputes arise over the rightful ownership of a work, especially in cases involving collaborative works or employee-created works. And a copyright expert witness provides analysis regarding who owns the item, whether a work-for-hire agreement exists, and the implications of joint authorship or transfer of rights.
  4. Licensing Agreements
    Copyright licensing agreements can be complex, especially when there’s a dispute over the terms of the agreement. The expert reviews the language of the licensing contract, assesses the scope of the license granted, and evaluates any potential infringement or breach of contract based on the terms agreed upon by the parties.
  5. Derivative Works
    A derivative work is a creation based upon an existing work, such as a movie adaptation of a book. Your typical copyright expert witness helps to determine whether the derivative work violates the original copyright or falls within the legal scope of fair use, transformation, or other exceptions.

50 Products a Copyright Expert Witness Covers

A copyright expert witness gets asked to provide opinions on various types of creative works and products. Here are 50 products they cover:

  1. Books (fiction, non-fiction)
  2. Music compositions (songs, symphonies)
  3. Sound recordings (albums, podcasts)
  4. Movies
  5. TV shows
  6. Commercial advertisements
  7. Software programs
  8. Mobile applications (apps)
  9. Video games
  10. Architectural designs
  11. Websites
  12. Visual art (paintings, drawings)
  13. Photographs
  14. Sculptures
  15. Dance choreography
  16. Poetry
  17. Plays and scripts
  18. Radio programs
  19. News articles
  20. Tutorials and educational content
  21. Graphic designs (logos, branding)
  22. Illustrations for books, magazines, etc.
  23. Fashion designs
  24. Jewelry designs
  25. Cartoons and animations
  26. Product packaging designs
  27. Marketing collateral (brochures, flyers)
  28. Theatrical performances
  29. Digital artwork (NFTs)
  30. Furniture designs
  31. Architectural blueprints
  32. Audio-visual works (documentaries, short films)
  33. Music videos
  34. Software source code
  35. User interface designs (UI)
  36. Web-based content (blogs, e-learning)
  37. Recipes (in certain cases of originality)
  38. User manuals
  39. Product manuals and guides
  40. Marketing jingles
  41. Press releases
  42. Music scores and sheet music
  43. Voiceover work
  44. Animated characters and series
  45. Photography collections (e.g., stock photos)
  46. Video tutorials
  47. Merchandise designs
  48. Board games (game mechanics and visual elements)
  49. Comic books and graphic novels
  50. Podcasts and audio content

In each of these categories, the copyright expert witnesses offer their opinions and analysis on the originality, fair use, infringement, or licensing issues involved, helping the court understand the nuances of the case.