Legal assistance in copyright infringement cases

Are you an author and your copyright has been infringed? This is an unpleasant situation, but unfortunately quite common. Of course, you want to protect your interests immediately. However, it is not an easy task to understand all the legal intricacies of intellectual property law and effectively confront an infringer on your own. It is like trying to build a house on your own without a construction degree.

That is why in cases of copyright infringement qualified legal assistance from the site becomes not just desirable, but absolutely necessary. An experienced lawyer is your reliable ally who will help you understand the situation, develop a defence strategy and, ultimately, restore justice. In other words, it is not a luxury, but an investment in your peace of mind and protection of your rights.

In this article we, lawyers of Polikarpov Law Firm with 20 years of experience, will tell you when and why you need legal assistance in copyright infringement cases, what types of legal assistance exist, how to find a really qualified specialist and how to cooperate with him effectively. We will touch upon all aspects so that you can be sure that professional support is the key to successful defence of your interests. After all, yourcopyright is worth fighting for!

I. When do you need legal help?

Your copyright has been infringed? The first question is: is it worth contacting a lawyer, or can you manage on your own? Of course, in small cases you can try to solve everything on your own. But, unfortunately, the reality is often different: offenders ignore appeals, deny guilt, offer meagre compensation.

In other words, self-defence is mostly a risk. Without legal assistance, the chances of success are significantly reduced.

In this section we will look at the key situations when professional support is required: identifying copyright infringement, drafting documents, representation in court, assessing the prospects of the case. We will understand when the moment comes when it is necessary to contact a lawyer, because delay can only aggravate the situation.

Subsection 1.1: Detecting Copyright Infringement

The first and perhaps the most important stage of copyrightprotection is actually identifying the fact of infringement. What would seem to be so difficult? If your book is being sold illegally, or your music is being used without permission, it’s obvious. But, in fact, it’s not quite that simple.

There are various forms of copyrightinfringement , and some of them may not be as obvious as they seem at first glance. For example:

• Plagiarism: Someone may pass off your work, or a significant part of it, as their own, changing the title and perhaps a few minor details.
• Unauthorised copying: This can be as much about copying your work in its entirety as it is about copying parts of it, such as illustrations from a book, parts of a piece of music, or lines of code from a program.
• Misuse: Even if your work is not copied verbatim, it may be used without your permission, for example, as a background for a website, as an illustration for an article, as music for a video.
• Creating derivative works: Someone may create a derivative work based on yours, such as a translation of a book, an arrangement of a piece of music, an adaptation of a screenplay, and use it without your permission.

This begs the question: how do you properly identify the infringement, how do you distinguish between lawful and unlawful use, how do you gather evidence to prove the infringement?

It is at this stage that legal help can be extremely helpful. An experienced lawyer:

• Help you to correctly qualify the infringer’s actions, i.e. determine whether and what kind of copyright infringement is actually taking place.
• Advise you on the boundaries of copyrightuse so that you can distinguish between lawful and unlawful use.
• Help you gather the necessary evidence to prove the infringement (e.g. take screenshots of web pages, record the sale of counterfeit goods, etc.).
• Evaluate whether you yourself are infringing someone else’s rights by using, for example, borrowed content.

In other words, a lawyer will help you not only to identify the infringement, but also to properly record and evaluate it, which is the first step towards effective protection of your copyright. It is like the first diagnosis, on the correctness of which further treatment depends. Therefore, if you suspect that your copyright has been infringed, do not hesitate – seek legal assistance as soon as possible.

Subsection 1.2: Drafting Claims and Lawsuits

You have discovered an infringement of your copyright, gathered the necessary evidence. The next step is, as a rule, to address the infringer with a demand to stop unlawful actions and to compensate for the damage caused. And here, as a rule, there is a need to draw up a claim or, if it was not possible to reach an amicable agreement, a statement of claim to the court.

It would seem that what is so difficult about drafting these documents? You can find samples on the Internet, fill in your own details and send them off. But, in fact, it is not so simple. A claim and a statement of claim are not just letters, they are legal documents which must comply with certain requirements established by law. And how well they are drafted will determine whether they will be accepted by the court and whether you will be able to protect your rights at all.

Why is it better to entrust a lawyer withdrafting claims and lawsuits?

• Knowledge of legislation: A lawyer knows perfectly the requirements of the legislation to the content and form of claims and statements of claim. He will draft the document in such a way that it complies with all norms of the law and will not be rejected by the court due to formal errors.
• Correct formulation of claims: A lawyer will help you to formulate your claims to the offender correctly, taking into account the specifics of your situation and legal norms.
• Justification of the position: A lawyer will help you to justify your position, referring to the rules of law, court practice and available evidence.
• Determination of jurisdiction: Not everyone knows that there are different courts and rules of appeal to them.
• Calculating the amount of damages and compensation: A lawyer will help you correctly calculate the amount of damages you have suffered as a result of the infringement of your copyright, as well as the amount of compensation you can claim from the infringer.
• Consideration of procedural nuances: There are many procedural nuances that need to be taken into account when drafting a statement of claim, such as limitation periods, rules of evidence and the like.

In other words, a qualified lawyer will help you to draft a claim or statement ofclaim in such a way that they are as effective as possible and become a solid foundation for the protection of your copyright. It is like building a strong ship that will be able to withstand any storms of the legal process, instead of sailing on a rickety raft, risking drowning at the first wave.
Therefore, do not save on legal assistance when drafting such important documents. After all, their quality will determine whether you can even begin the process of defending your rights and achieving justice.

Subsection 1.3: Representation in court

Even if you have independently drafted a statement of claim, collected all the necessary evidence and are confident in their rightness, representation of interests in court – this is a completely different level of complexity, which requires special knowledge and skills. The judicial process is not just a conversation, it is a competition of the parties, where each of them is trying to convince the court of its rightness, using for this purpose all available legal means.

And here, without exaggeration, professional representation in court becomes a decisive factor that can determine the outcome of the case. Why.

• Knowledge of procedural law: Litigation is governed by complex procedural rules that you need to know and be able to apply. A lawyer is fluent in this knowledge and will be able to use it effectively in your favour.
• Ability to conduct court debates: Court debates are an art that requires not only knowledge of the law, but also oratorical skills, the ability to persuade, quickly respond to the arguments of the opponent and defend your position.
• Experience in court hearings: An experienced lawyer has experience in court hearings, knows how to behave in court, how to communicate with the judge and other participants in the process.
• Ability to work with evidence: A lawyer will help you to correctly submit evidence, justify its ownership and admissibility, as well as to refute the evidence presented by the other side.
• Preparation of procedural documents: In the process of court proceedings, it may be necessary to prepare various procedural documents (statements, motions, objections, etc.). A lawyer will do this quickly and professionally.
• Emotional resilience: Litigation can be emotionally exhausting. A lawyer, as your representative, will take the brunt of dealing with the court and your opponent, allowing you to remain calm and focused on your case.
• Objective view: The lawyer, unlike you, is not emotionally involved in the situation and can objectively assess all the circumstances of the case, and in time to change or adjust the defence strategy.

In other words, representation in court by a professional lawyer is not just a formality, but a real necessity, which significantly increases your chances of successful copyright defence . It is like having an experienced captain who will guide your ship through the stormy sea of litigation, instead of trying to steer the ship yourself, risking to crash on the rocks of ignorance and procedural errors.
Therefore, if the case came to court, do not save on legal assistance – contact a qualified lawyer who will be able to adequately represent your interests and achieve a fair decision.

Subsection 1.4: Assessing the prospects of the case

Before starting any action to protect copyright, whether it is negotiations with the infringer or preparation for litigation, it is important to really assess the prospects of the case. After all, as they say, not every battle is worth getting into. Sometimes, the cost of time, effort and money to defend your rights can exceed the potential benefits of winning the case.

That is why, assessing the prospects of the case is one of the most important stages, at which legal assistance is extremely necessary. An experienced lawyer, having analysed all the circumstances of your situation, will be able to give you an objective forecast of the possible outcome of the case and help you make an informed decision.

What does the assessment of the prospects of the caseinclude ?

• Evidence analysis: The lawyer will thoroughly study the evidence you have, assess its ownership, admissibility and sufficiency to confirm the fact of copyright infringement.
• Analysis of legislation and court practice: The lawyer will analyse the legislative norms governing the disputed legal relations, as well as study court practice in similar cases to understand how courts usually resolve such conflicts.
• Assessing the position of the infringer: The lawyer will try to assess the position of the infringer, its possible arguments and counterarguments in order to predict its behaviour in the process of negotiations or court proceedings.
• Identification of possible risks: The lawyer will warn you about possible risks related to the defence of your rights, e.g. the risk of losing the case, the possibility of a counterclaim by the infringer, etc.
• Development of a defence strategy: Based on the analysis, the lawyer will develop an optimal strategy to protect your copyright, which may include both out-of-court and court methods of conflict resolution.
• Estimation of material costs: The lawyer will inform you about the approximate cost of the case and possible additional expenses.

In other words, assessing the prospects of a case is like a comprehensive diagnosis before treatment. It allows you not only to identify the problem, but also to determine the most effective ways to solve it, while avoiding unnecessary costs and frustration.
And although no one can give a hundred per cent guarantee of success, professional legal assistance at this stage significantly increases your chances of making the right decision and achieving the desired result. After all, it is better to know in advance about possible difficulties and pitfalls than to face them unexpectedly, having already entered the struggle for your rights.

II. Types of legal assistance

So, we have found out that legal assistance in cases of copyright infringement can be extremely necessary at different stages of the defence of your interests: from identifying the fact of infringement to representation in court. But what exactly can help a lawyer? What services does he or she provide?

In fact, the range of legal assistance in the field of copyright is quite wide. It is not only the drafting of claims and statements of claim, although this is, of course, important. It is also consultations on various issues, and assistance in registration of copyrights, and representation of interests in negotiations, and complex support of court cases.

In other words, legal assistance is not one universal service, but a whole complex of measures aimed at protecting your rights and interests. And the choice of a particular type of assistance depends on the specifics of your situation, your goals and opportunities.
It is like choosing tools for repair: for hammering a nail you need a hammer, for screwing a screw – a screwdriver, and for complex work – a whole set of tools.

In this section we will look in detail at the main types of legal aid forcopyright infringement cases . We will understand what the essence of each service is, when it can be useful, and what advantages it offers.
So, let’s explore this arsenal of legal aidtogether and find out which tool is best suited to solve your problem.

Subsection 2.1: Copyright Consultation

One of the most common and accessible types of legal assistance is copyright advice. It would seem that what could be simpler? Asked a question – got an answer. But, in fact, professional legal advice is not just a conversation, it is qualified help that can prevent many problems in the future.

When may copyright counsellingbe needed ?

• Before creating a work: To avoid inadvertently infringing someone else’s copyright, a lawyer can advise you on the limits on the use of borrowed content, citation rules, referencing, etc.
• If you discover an infringement of your rights: A lawyer can help you understand whether there is an infringement, what your rights are and what actions you should take to protect them.
• Before entering into contracts: If you are planning to enter into a contract related to the use of your work (e.g. licence agreement, copyright transfer agreement), a lawyer will help you understand its terms and conditions, assess the risks and protect your interests.
• If you have any questions related to copyright: For example, you do not know how to properly register copyright for your work, how to protect your work from illegal use on the Internet, how to get compensation for violation of your rights, etc.

What does copyright counselling include ?

• Analysing your situation: The lawyer will listen to you carefully, study your documents and ask clarifying questions to fully understand your situation.
• Explanation of the law: The lawyer will explain to you in simple words how your situation is regulated by the copyright law.
• Answers to your questions: The lawyer will answer all your copyright-related questions and provide you with the information you need.
• Recommendations for further action: The lawyer will advise you on what actions you should take to protect your rights or to avoid infringement of others’ rights.

Consultation is, in fact, the first step to solving any copyright problem. It is like an initial examination by a doctor, which allows you to make a diagnosis and determine the direction of further action.
Therefore, do not neglect the opportunity to receive qualified legal assistance in the form of a consultation. It can save you a lot of time, effort and money in the future, and even save you from serious mistakes.

Subsection 2.2: Assistance with copyright registration

Although copyright on a work arises automatically, at the moment of its creation, and does not require mandatory state registration, nevertheless, copyright registration in UKRNOIVI can be a strong argument in your favour in case of disputes about authorship.

Why do you need copyright registration?

• Official proof of authorship: A copyright registration certificate is an official document that confirms your authorship of a work.
• Presumption of authorship: The person named on the certificate is presumed to be the author until proven otherwise. This greatly simplifies the defence of rights in the event of a dispute.
• Evidentiary value: A certificate of registration is strong evidence in court.
• Simplified defence: Having a certificate makes it easier for you to prove your case and demand that the infringement cease.

How can a lawyer help with copyright registration?

• Consultations on the registration procedure: A lawyer will explain to you all the nuances of the registration procedure, tell you what documents are required, what are the deadlines and the procedure for submitting them.
• Preparation of documents: A lawyer will help you to properly prepare all the necessary documents for registration, including the application, copy of the work, receipt for payment of the fee, etc.
• Submission of documents to UKRNOIVI: A lawyer can take over the submission of documents to UKRNOIVI and liaise with experts during the application process.
• Support of the registration process: The lawyer will monitor the registration process, respond to UKRNOIVI’s requests in a timely manner and keep you informed about the progress of the case.
• Obtaining the certificate: After successful registration, the lawyer will receive the copyright registration certificate and hand it over to you.

Of course, the copyright registration procedure is not too complicated, and you can try to do it yourself. But, as practice shows, even minor errors in the execution of documents can lead to a delay in registration or even to its refusal.

Therefore, if you want to register your copyright quickly and without problems, legal assistance can be very useful. A lawyer will take care of all the worries associated with registration, which will save you time and nerves and allow you to be sure that your rights will be properly registered.
In other words, it is like entrusting a professional builder with the erection of the foundation of your house – you will be sure of its reliability and durability, and you will have no need to worry about technical subtleties.

Subsection 2.3: Representation in negotiations

We have already mentioned negotiation as one of the ways of out-of-court settlement of conflicts in the field of copyright. But, as practice shows, it is not always possible for the parties to reach an agreement on their own. And here a lawyer can come to the rescue, who will take on representation of interests in negotiations with the offender.

Why representation in negotiations by a lawyer can be effective?

• Professional knowledge and experience: The lawyer knows the copyright law perfectly and has experience in negotiating such cases. This allows him to effectively defend your interests and achieve the most favourable terms for you.
• Emotional neutrality: A lawyer, unlike you, is not emotionally involved in the conflict. This allows him or her to keep a cool head, objectively assess the situation and make balanced decisions.
• Negotiation skills: A lawyer possesses negotiation skills, is able to properly build a dialogue, argue his/her position, convince the opponent and find compromise solutions.
• Knowledge of psychology: An experienced lawyer understands the psychology of the negotiation process, is able to recognise and resist manipulation.
• Saving your time and energy: A lawyer will take care of all the worries related to negotiations, which will allow you to save time and energy and concentrate on your core business.

What does negotiation representation involve ?

• Situation analysis and strategy development: The lawyer will study all the circumstances of the case, analyse your strengths and weaknesses, as well as the position of the infringer, and develop an optimal negotiation strategy.
• Preparing for negotiations: The lawyer will prepare all necessary documents, arguments and counter-arguments, and will have a preliminary discussion with you to agree on a negotiating position and tactics.
• Direct participation in negotiations: The lawyer will represent your interests in negotiations with the infringer, conduct the dialogue on your behalf, defend your position and try to reach the most advantageous conditions for you.
• Fixing of agreements: In case of reaching agreements, the lawyer will help you to properly formalise them in writing (for example, in the form of a dispute settlement agreement).

Having a lawyer represent you in negotiations is like having an experienced negotiator who can negotiate peace on your terms. This is not a guarantee of success, but a significant increase in your chances of achieving the desired result without unnecessary expenditure of time, effort and nerves.
Therefore, if you are faced with the need to negotiate with an infringer of your copyright, do not neglect the opportunity to seek legal assistance.

Subsection 2.4: Drafting Legal Documents

Copyright protection, like any other legal procedure, is impossible without drafting various legal documents. And the success of the entire case often depends on how competently and professionally these documents are drafted.

What legal documents may be needed in copyright infringement cases?

• Claims: Written appeals to the infringer demanding that the infringement cease and damages be paid.
• Statements of Claim: Appeals to the court to protect infringed copyrights.
• Applications, petitions, objections: Various procedural documents that are filed with the court in the course of a case.
• Contracts: Licence agreements, copyright transfer agreements, contracts for the creation of a custom-made work, etc.
• Settlement Agreements: Documents that record the agreements reached between the parties to resolve a conflict.
• Written findings and advice: Documents containing legal analyses of a situation and recommendations for further action.

Why is it better to entrust a lawyer with drafting legal documents?

• Accuracy of wording: A lawyer uses precise and unambiguous wording that does not allow for ambiguous interpretation.
• Compliance with the law: The lawyer drafts documents taking into account all requirements of the law and court practice.
• Reasonableness of the position: The lawyer does not just state the facts, but also substantiates your position, referring to the rules of law and available evidence.
• Consideration of the client’s interests: The lawyer drafts documents in such a way that they protect your interests to the maximum extent possible.
• Saving time: You will not need to study the legislation yourself and understand the intricacies of drafting legal documents.

In other words, having yourlegal documents drafted by a lawyer is a guarantee that your documents will be drafted correctly, professionally and taking into account all the nuances of your situation. It is like having a reliable tool that will allow you to effectively protect your rights, instead of trying to do everything yourself, risking making mistakes that may have negative consequences.
Therefore, if you need to draw up any document related to copyright protection, do not save on legal assistance. Contact a qualified lawyer who will do it quickly, efficiently and with all your interests in mind.

Subsection 2.5: Support of court cases

If out-of-court settlement of the conflict did not bring the desired result, and the case came to court, then without comprehensive support of the court case qualified lawyer, most likely, can not do without . Support of the court case – a full range of legal assistance, provided by a lawyer at all stages of the judicial process, from the preparation of a statement of claim to the receipt of the court decision and its execution.

What does litigation support forcopyright infringement include ?

• Situation analysis and strategy development: The lawyer studies in detail all the circumstances of the case, analyses the available evidence, assesses the prospects of the case and develops an optimal strategy to protect your interests.
• Preparation and filing a statement of claim: The lawyer drafts a statement of claim taking into account all legal requirements and submits it to the court.
• Representation of interests in court: A lawyer represents your interests at all court hearings, makes speeches, submits evidence, files motions, opposes the arguments of the opponent, etc.
• Preparation of procedural documents: A lawyer prepares all necessary procedural documents (statements, motions, objections, explanations, etc.) and submits them to the court in a timely manner.
• Working with evidence: The lawyer collects, analyses and submits to the court evidence that supports your position, as well as refutes the evidence presented by the other side.
• Involvement of experts (if necessary): If necessary, the lawyer may involve experts to conduct an expert examination (for example, to establish the fact of plagiarism or to determine the amount of damages).
• Appealing the court decision (if necessary): If you are not satisfied with the decision of the court of first instance, the lawyer will help you to prepare and file an appeal or cassation appeal.
• Support of enforcement proceedings: After receiving a court decision in your favour, a lawyer will help you to monitor its execution by liaising with the enforcement authorities.

Accompanying a court case lawyer is like having a reliable guide who will lead you through the complex labyrinth of the legal process, protecting your interests at every step. This is not just a separate service, but a comprehensive approach, which allows you to be sure that your case is in safe hands.
Of course, you can try to protect your rights in court on your own. But, as practice shows, without special knowledge and experience it can be very difficult and, however unfortunate, ineffective.
Therefore, if you really want to protect your copyrights in court, legal assistance in the form of court case support is extremely necessary. It is an investment in your success that can pay off a hundredfold.

III. How to find a qualified lawyer?

So, you have realised the need for legal assistance in your copyright infringement case . But among the many lawyers and law firms, how can you find the right specialist who can really effectively protect your interests? After all, as they say, not everyone who calls himself a lawyer is really one.

Choosing a lawyer is a responsible decision on which the fate of the entire case may depend. It’s like choosing a doctor: you don’t go to the first doctor you see, but look for an experienced and qualified specialist to whom you can entrust your health. It is the same with a lawyer – you should look for a professional who specialises in copyright issues and has successful experience in handling such cases.

In this section we will understand what you should pay attention to when choosing a lawyer, what criteria are the most important, and where to look for such a specialist. We will give you practical advice to help you make the right choice and find a lawyer who will be your reliable partner in the fight for your copyrights.

Subsection 3.1: Specialisation of a lawyer

The first and perhaps the most important thing to pay attention to when choosing a lawyer is his or her specialisation. Law is a very broad field, and one lawyer cannot be an expert in all branches of law. Therefore, if you need legal assistance in acopyright infringement case , you need a lawyer who specialises specifically in intellectual property and, in particular, copyright.

Why is specialisation so important?

• In-depth knowledge: A lawyer who specialises in copyright law knows perfectly the legislation in this area, court practice, as well as all the subtleties and nuances that may arise in copyright infringement cases.
• Experience in handling such cases: A lawyer who constantly works with copyright issues has experience in handling such cases, knows what evidence is the most effective, how to build a proper defence strategy, how to negotiate with infringers, etc.
• Understanding of specifics: Copyright law has its own specifics that distinguish it from other branches of law. A lawyer specialising in this area understands this specificity and can take it into account when providing legal advice.
• Keeping abreast of changes: Copyright law, like any other law, is quite fluid and a specialised lawyer always has his or her finger on the pulse.

How do I find out about a lawyer’sspecialisation?

• Law firm website: Usually, a law firm’s website provides information about the specialisation of the lawyers who work there.
• Lawyer’s profile on LinkedIn or other professional networks: A lawyer ‘s profile often indicates his or her specialisation and work experience.
• Lawyer’s publications: If a lawyer publishes articles on copyright, this may be an indication of their specialisation.
• Direct question: Feel free to ask the lawyer directly about his/her specialisation and experience in copyright infringement cases.

In other words, choosing a lawyer with specialisation in copyright is like choosing a general practitioner: you get more qualified help than you would if you went to a general practitioner.
Therefore, do not neglect this criterion when choosing a lawyer, because the success of your case will largely depend onhis specialisation.

Subsection 3.2: Experience and reputation

In addition to specialisation, no less important criteria in choosing a lawyer is his work experience and reputation. After all, as they say, theory is good, but practice is the criterion of truth. And, of course, you want to entrust your case not just a lawyer who knows the laws, but an experienced professional with an impeccable reputation.

Why is work experience important?

• Practical skills: A lawyer with experience has not only theoretical knowledge but also practical skills in handling copyright infringement cases. He knows how to apply the law in practice, how to collect evidence, how to negotiate, how to represent the client’s interests in court.
• Understanding the pitfalls: An experienced lawyer is aware of the potential pitfalls and difficulties that may arise in copyright infringement cases and can prevent them or effectively overcome them.
• Ability to find non-standard solutions: Experience allows a lawyer to find non-standard solutions in complex situations, which can be a decisive factor in a case.
• Connections and contacts: Over the years, a lawyer usually develops useful connections and contacts that can be helpful in your case.

Why is reputation important?

• Trust: A lawyer with an impeccable reputation is trustworthy. You can be sure that he or she will act in your best interests and will make every effort to achieve a positive result.
• Professionalism: Reputation is usually an indicator of a lawyer’s professionalism, competence and responsibility.
• Client testimonials: Positive client testimonials show that the lawyer really helps people to solve their problems.

How do I check a lawyer’s work experience and reputation?

• Law firm website: The firm’s website usually contains information about the lawyer’s work experience, achievements, and sometimes client testimonials.
• Lawyer’s profile on LinkedIn or other professional networks: The profile can provide information about the lawyer’s previous jobs, education, and recommendations from colleagues and clients.
• Search the Internet: Look for information about the lawyer on the Internet. You may find articles authored by him, mentions of him in the media, reviews on forums, etc.
• “Word of mouth: Ask acquaintances, friends, colleagues for advice. Perhaps one of them has already sought legal assistance in copyright infringement cases and can recommend you a good specialist.

In other words, the work experience and reputation of a lawyer is like his business card, which allows you to get an idea of his professional level and reliability. Therefore, do not be lazy to spend time studying this information before deciding to cooperate.
After all, after all, you are entrusting a lawyer to protect your rights and interests, and this requires a careful and balanced approach.

Subsection 3.3: Recommendations and testimonials

In today’s world, where information is available at arm’s length, recommendations and reviews become a powerful tool when choosing any specialist, and a lawyer is no exception. After all, no matter how you look at it, but the opinion of other people who have already had the experience of co-operation with a particular lawyer, can be very valuable and help you make the right choice.

Why should you pay attention to recommendations and reviews?

• Real experience: Testimonials are not just advertising, they are the real experience of other people, which allows you to get an idea of the lawyer’s working style, his professional qualities, attitude to clients, etc.
• Objective assessment: Reviews, especially if there are many of them and they are from different sources, allow you to make a more objective assessment of the work of the lawyer than the information posted on his own website or in advertising materials.
• Identifying pitfalls: Negative reviews, if any, can help you identify possible pitfalls and avoid unpleasant surprises in the future.
• Saving time: Researching recommendations and reviews can save you time when looking for a lawyer, as you will have an idea of their work before you even contact them.

Where do I look for recommendations and reviews of lawyers?

• Law firm websites: Some firms post reviews of their clients on their websites.
• Social networking sites: Look for reviews of lawyers on social networking sites such as Facebook or LinkedIn.
• Specialised forums and websites: There are specialised forums and websites where people share their experiences of working with lawyers.
• “Word of mouth: Ask your acquaintances, friends and colleagues for advice. Perhaps one of them has already sought legal assistance in copyright infringement cases and can recommend a trusted professional.
• Professional ratings: There are professional ratings of lawyers and law firms that can also be a useful source of information.

Of course, you should not blindly trust all the reviews you find online. There is always the possibility that some of them may be biased or even customised. Therefore, it is important to analyse reviews critically, pay attention to their content, writing style, as well as the number and ratio of positive and negative reviews.

In other words, recommendations and reviews are like an additional filter that helps you weed out unqualified or unscrupulous lawyers and make a more informed choice. It’s like putting together a jigsaw puzzle: each review is a separate piece that helps you put the whole picture together and make the right decision.

IV. Interaction with a lawyer

So, you have found a qualified lawyer who specialises in copyright law, has experience and a good reputation. You have entered into a legal aid contract with him. What happens next?

And then begins the most important stage – interaction with a lawyer. The success of your case depends on how effectively you will co-operate, how openly and honestly you will communicate. After all, a lawyer, no matter how professional he or she may be, will not be able to help you if he or she does not have complete and accurate information about your situation.

In other words, interaction with a lawyer is not a one-way process where you just hand him your problem and wait for the result. It is teamwork, where you and the lawyer are partners who have a common goal – to protect your copyright. And how well you work together will determine whether you achieve that goal.
It’s like a game of football: the lawyer is the coach who develops the strategy and tactics of the game, and you are the player who goes out on the pitch and implements that plan. And only by working together can you win.

In this section we will talk about how to properly build a relationship with a lawyer, what information you need to provide him, how to keep in touch and monitor the progress of the case. We will give you practical advice that will help you make your co-operation with a lawyer as effective and fruitful as possible.

Subsection 4.1: Providing the necessary information

The first and perhaps most important step in interacting with a lawyer is to provide him or her with all the necessary information about your case. A lawyer cannot work in a vacuum. He needs facts, documents, evidence to understand your situation, assess the prospects of the case and develop an effective defence strategy.

What information do I need to provide to the lawyer?

• Situation description: Tell the lawyer in detail what happened. When and how did you discover the infringement of your copyright Who do you think is the infringer? How were your rights infringed?
• Documents proving your authorship: Provide the lawyer with all documents proving your authorship of the work: original works, drafts, sketches, source files, contracts, licence agreements, copyright registration certificate (if any), etc.
• Evidence of infringement: Provide the lawyer with all evidence confirming the fact of infringement of your copyright: screenshots of web pages, photos of infringing products, video recordings, audio recordings, correspondence with the infringer (if any), etc.
• Information about the infringer: Provide the lawyer with all the information you have about the infringer: his/her name, address, contact details, information about his/her activities, etc.
• Your demands: Clearly state your demands to the infringer. What do you want to achieve? Termination of the offence? Payment of compensation? A public apology?
• Any other information that may be relevant to the case: Feel free to tell the lawyer about any details that you think may be relevant to the case. Even a seemingly insignificant detail may turn out to be key.

Why is it important to provide complete and accurate information?

• Proper assessment of the situation: Only with complete and reliable information, the lawyer will be able to properly assess your situation, determine the prospects of the case and develop an effective defence strategy.
• Avoiding mistakes: Incomplete or unreliable information can lead to errors in the work of the lawyer, which can negatively affect the outcome of the case.
• Saving time: The more information you provide to the lawyer at the beginning of the cooperation, the less time he will need to collect and analyse it later.

Providing the necessary information to a lawyer is like providing a doctor with a complete picture of your health. The more accurate and detailed this picture is, the more effective the treatment will be.
Therefore, do not hide any information from the lawyer, be as frank and honest as possible. Remember that the lawyer is your ally, and he acts in your interests. And the more they know about your case, the better they can protect you.

Section 4.2: Co-operation and Communication

Providing the lawyer with the necessary information is only the first step. Equally important is constant co-operation and communication with the lawyer throughout the whole process of protecting your copyright. After all, as we have already said, you and the lawyer are a team that works for a common result. And the success of the case will depend on how well you work together.

Why is co-operation and communication so important?

• Awareness: You need to be kept informed about all stages of your case, the actions the lawyer is taking, the outcome of negotiations or court hearings.
• Decision-making: You have the right to participate in decisions about your case. The lawyer should consult with you before taking any important action.
• Prompt response: In the process of defending your rights, new circumstances may arise and new evidence may appear. It is important to promptly inform the lawyer of anything that may be relevant to the case.
• Mutual understanding: Constant communication avoids misunderstandings and conflicts between you and the lawyer.
• Trust: Open communication builds a relationship of trust.

How to maintain effective co-operation and communication with your lawyer?

• Regular communication: Agree with the lawyer how often you will communicate (by phone, email, face-to-face meetings) and at what times.
• Timely responses: Try to respond to the lawyer’s enquiries and calls in a timely manner.
• Clear questions: If you have questions, make them clear and understandable.
• Providing new information: Tell the lawyer immediately about any new information that may be relevant to the case.
• Complying with the lawyer’s requests: If the lawyer asks you to provide additional documents or information, try to do so as soon as possible.
• Constructive dialogue: Be ready for a dialogue with the lawyer, discuss with him/her different options for solving the problem, express your opinion, but also listen to the professional’s advice.

Co-operation and communication with a lawyer is like a team game, where each player has his role and performs his functions. And only through joint efforts, acting coherently and coordinated, you will be able to achieve the desired result – the protection of your copyright.
Therefore, do not neglect this aspect of interaction with a lawyer, be an active participant in the process, and you will see that your cooperation will bear fruit.

Conclusions

Legal assistance for copyright infringement cases is a necessity, not a whim. Self-defence, especially in complex cases, is usually a road to nowhere, with the risk of losing everything.

We found out when and why you need a lawyer, what services he provides, how to find him and how to co-operate with him. An experienced lawyer is your partner who:

• Understand all the legal intricacies.
• Develops a defence strategy.
• Will take care of negotiations, documents, court.
• Will save your time and nerves.

Choosing a lawyer is a crucial step. Look for someone with experience specifically in copyright. This is an investment in your peace of mind and the protection of your interests.

Don’t be afraid to seek legal help! This is not a weakness, but a reasonable approach. And we, the lawyers of Polikarpov Law Firm, are always ready to support you.

More information can be found in the article “Copyright Infringement: How to Protect Your Rights?” on our website.

Take care of your copyrights!