Copyright Litigation Attorney Serving Photographers

"Fighting Against Infringement and Theft"

MALAKAUSKAS LAW, APC

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What Is The Most Important Thing You Can Do As A Photographer? How Do You Stop Someone From Using Your Photograph? What Are Damages For Copyright Cases? How Long Do You Have To Sue For Copyright Infringement? What Is The Difference Between The Digital Millennium Copyright Act And The Copyright Act Of 1976?

WHAT IS ADR IN COPYRIGHT LITIGATION?

ADR is an acronym for “alternative dispute resolution”. Copyright cases are filed in Federal Court. In an effort to make the court system more efficient, and potentially save court resources, each district in the Federal Court system has created its own ADR program under §§42 U.S.C. 651-658. Common forms of ADR included, but are not limited to:

Mediation

Mediation is the process by which the parties attempt to negotiate a resolution through the use of a neutral third party known as a mediator. The parties will often submit mediation briefs to the mediator along with their settlement demands. The mediator will schedule a conference, often in person, but at times over the phone, and help the parties negotiate a resolution.

Arbitration

Arbitration is a process by which the parties litigate the case in front of a neutral third party at a hearing. The parties will be able to present witnesses as well as evidence. At the end of the hearing, the arbitrator will then issue a decision. If the arbitration is binding the parties must accept the arbitrator’s decision. If the arbitration is non-binding, the parties may request a new trial with the court.

Settlement Conference

A settlement conference is a process by which a magistrate judge acts as a mediating party. Personal attendance of both the attorneys and their clients (or someone who has full authority to settle the case) is required. Depending upon the individual magistrate judge who hosts the conference, there may be various requirements. For examples, briefs may be required, opening statements, or a presentation. Often the parties are separate and placed in different rooms. The magistrate judge will often act as a messenger between the parties and give his or her impressions and thoughts about the realities of the case.

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(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.

These blogposts shall not be constituted as legal advice and are for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. In addition, these blogposts are not updated, or edited, after the date of their initial post, and as such, the information contained within them may be outdated. Consult with your own personal attorney for more information on the subject matters.