New York City Copyright Lawyer

Copyright Lawyer New York City, NY

Whether you are looking to file a copyright, someone is using your creative work without permission, or you’ve received a copyright infringement claim you believe is overreaching, you need an attorney who understands both the law and the practical realities of how these disputes unfold.

At COFFYLAW, LLC, our attorneys have over 80 years of combined experience handling intellectual property matters, including copyright law, for clients throughout the New York City metro area. We offer free consultations and take a direct approach: assess what you own, evaluate the risk, and pursue the outcome that makes the most sense for your situation. Our New York City, NY copyright lawyer is ready to help you protect what you’ve created. Contact us when you’re ready to discuss your options.

Why Choose COFFYLAW, LLC for Copyright Law in New York City, NY?

Experience Across the Full Spectrum of IP Law

Copyright rarely exists in isolation. A single creative work can implicate trademark rights, licensing obligations, trade secret protections, and contract disputes all at once. That’s why working with a firm that handles the full range of intellectual property law matters. As a copyright attorney in New York City, NY, our practice covers patents, trademarks, licensing, and beyond — which means we see the broader picture when a copyright issue arises and can advise accordingly.

Emmanuel Coffy, the firm’s founding attorney, earned his J.D. from Seton Hall University School of Law and holds an M.S. in Electrical Engineering from Florida Institute of Technology. He is a registered Patent Attorney, a former USPTO Patent Examiner, and is admitted to practice before the Court of Appeals for the Second Circuit, the federal appellate court with direct jurisdiction over copyright cases originating in New York City. That admission is not incidental. The Second Circuit has issued some of the most consequential copyright decisions in the country, and understanding how those rulings shape current litigation strategy is part of what we bring to every case.

New York City Copyright Cases Require Local Knowledge

The Southern District of New York handles a substantial volume of copyright litigation. Judges there have seen every argument. Filing in that court, defending in that court, or even negotiating a resolution with that court as a backdrop requires familiarity with how cases actually move through the system. Our copyright lawyers in New York City understand that environment and factor it into every strategy we develop for clients.

⭐⭐⭐⭐⭐ “I have had consistent and continuous assistance with my patent application process and excellent advise along the way. Would definitely recommend.” — Zachary Davis

Read more reviews on our Google Business Profile.

Types Of Copyright Cases We Handle In New York City

Our attorneys handle copyright matters across a wide range of industries and fact patterns. Below is an overview of where we regularly assist clients.

• Copyright infringement litigation. When someone reproduces, distributes, or publicly displays your work without authorization, you have the right to pursue them. We handle infringement claims in federal court, including cases involving digital piracy, unauthorized reproductions, and content theft across platforms. We also defend clients who have been accused of infringement and need to evaluate whether a fair use or other defense applies.
• Copyright registration. Registration with the U.S. Copyright Office is not required to own a copyright, but it is required to file a federal infringement lawsuit and affects what remedies are available. Registering before infringement occurs (or within three months of publication) preserves your right to seek statutory damages and attorney’s fees. We handle registrations for written works, software, visual art, music, and other creative content.
• Licensing and rights clearance. Whether you are licensing your work to others or seeking to use someone else’s, the terms of that agreement determine who controls the work and for how long. We draft and negotiate copyright licenses, review existing agreements for risk, and advise on click-through and shrink-wrap licensing structures that have become standard in the software industry.
• Intellectual property cases. For businesses building content libraries, media portfolios, or software products, copyright is a strategic asset. We help clients understand what they own, how to document ownership properly, and how to structure agreements with contractors and employees so that rights don’t end up in the wrong hands.
• DMCA matters. The Digital Millennium Copyright Act creates specific procedures for addressing online infringement, including takedown notices and counter-notifications. We advise rights holders on submitting effective DMCA notices and represent clients who have received wrongful takedowns and need to restore access to their content.
• Fair use analysis. Fair use is one of the most misunderstood doctrines in copyright law. Many people assume their use is protected when it isn’t, and others avoid using material they could lawfully use. We analyze the four statutory factors in the context of specific situations and provide a realistic assessment of where a fair use argument stands.

New York Legal Requirements for Copyright Law

Copyright protection in the United States arises automatically when an original work is fixed in a tangible medium of expression. Federal law governs copyright under 17 U.S.C. § 101 et seq., and the U.S. Copyright Office administers registration under that framework. There is no New York-specific copyright statute—this is a federal system—but New York courts interpret and apply federal copyright law constantly, and their decisions carry significant weight.

A few things matter practically for New York City clients. First, federal copyright infringement claims must be filed in federal district court. For most New York City clients, that means the Southern District of New York, located in Manhattan. That court has a substantial body of copyright precedent, and the judges there expect well-developed arguments on issues like originality, substantial similarity, and the fair use factors set out at 17 U.S.C. § 107.

Second, copyright terms are long but not unlimited. Works created on or after January 1, 1978 generally receive protection for the life of the author plus 70 years under 17 U.S.C. § 302. Works for hire receive protection for 95 years from publication or 120 years from creation, whichever is shorter. Knowing where a work falls in that timeline matters for both enforcement and clearance.

Third, registration timing affects remedies. Under 17 U.S.C. § 412, statutory damages and attorney’s fees are only available if registration was made before the infringement began or within three months of first publication. That window closes faster than most people expect.

Important Aspects of a New York City Copyright Case

Ownership and Chain of Title

Who actually owns the copyright is the threshold question in almost every dispute. Works created by employees within the scope of employment belong to the employer. Works created by independent contractors generally belong to the contractor unless there is a written agreement assigning the rights. Joint works create shared ownership with all the complications that follow. We sort through ownership questions at the outset because proceeding without clarity on this point creates serious problems later.

Registration Status at the Time of Infringement

As noted above, whether a work was registered before infringement occurred directly affects what damages are available. A copyright owner without pre-infringement registration is limited to actual damages, which are often difficult to prove and may be modest. Statutory damages, which can reach $150,000 per work for willful infringement under 17 U.S.C. § 504, are only available to those who registered in time. We advise clients on registration strategy before disputes arise, not after.

Substantial Similarity

Proving infringement requires showing that the defendant copied protected expression and that the copy is substantially similar to the original. This is where many cases actually turn. Two works can cover the same subject matter, follow the same structure, or even tell the same story without one infringing the other—if only the unprotected elements overlap. Our copyright attorneys analyze these questions carefully, and we’ve followed developments in how embedding images and other digital practices interact with infringement standards.

Defenses Available to the Accused

Not every use of a copyrighted work is infringement. Fair use is the most commonly raised defense, but others include implied license, first sale, independent creation, and challenges to the validity or scope of the copyright itself. If you’ve received an infringement claim, understanding which defenses apply to your specific facts is the first step toward a realistic resolution.

Contact COFFYLAW, LLC

Copyright disputes move quickly, and the decisions made early in a case often determine the outcome. Whether you are a creator whose work is being used without authorization, a business facing an infringement claim, or someone who needs help structuring agreements to protect original content, COFFYLAW is ready to help.

Free consultations are available. We’ll review your situation and give you an honest assessment of your options. Visit our contact page or schedule a consultation to get started.