Music Copyright Infringement Lawyer – Protect Your Works

Wed 25 Jun, 2025
by ghermanlaw

Why You Need a Music Copyright Infringement Lawyer.

If you believe your copyrighted songs or musical works have been stolen, illegally sampled, or reused without your permission, you’re not alone. Music copyright infringement is a growing problem in the entertainment industry. Fortunately, you have specific rights and remedies under U.S. copyright law to protect your intellectual property.

Attorney Sergiu Gherman is not only a talented litigator but also an accomplished pianist. With over 20 years of musical training and a Doctorate of Musical Arts, he brings a unique perspective to every case. His deep understanding of music allows him to explain your rights clearly and pursue legal action aggressively against infringers.

What Is Music Copyright Infringement?

Music copyright infringement occurs when someone violates the exclusive rights of a copyright owner under the federal Copyright Act (17 U.S.C. §§ 106, 602). These rights include:

  • The right to reproduce the work
  • The right to create derivative works
  • The right to distribute copies
  • The right to perform the work publicly
  • The right to display the work publicly
  • For sound recordings, the right to perform the work publicly
  • The right to import unauthorized copies into the U.S.

Any unauthorized use of your music without a license or your permission may constitute copyright infringement. For more details, visit the U.S. Copyright Office.

What Is “Fair Use” in Music?

“Fair Use” is a legal defense that allows limited use of copyrighted works without permission. Whether a use qualifies as fair use depends on:

  1. Purpose and character of the use (e.g., educational, parody, transformative use)
  2. Nature of the copyrighted work
  3. Amount of the work used
  4. Economic impact of the use

Fair use is a cornerstone of American copyright law, but it’s often complex and requires a lawyer to assess your situation.
🎵 For licensing and royalties information, check ASCAP, BMI, or SESAC.

What Happens If Your Music Was Stolen or Used Without Permission?

If someone used your music without authorization:

  1. Initial Step: Your lawyer will often start by contacting the infringer or their attorney to resolve the matter. Sometimes infringements are unintentional and can be settled amicably.
  2. Legal Action: If negotiations fail, your attorney can file a lawsuit and seek damages in court.

Timely legal action is crucial—delays can weaken your case.

What If You Are Accused of Music Plagiarism?

Plagiarism and copyright infringement are related but distinct issues:

  • Plagiarism is the unethical act of claiming another’s work as your own (academic or reputational issue).
  • Copyright infringement is a legal violation of intellectual property rights.

If you are accused, we can defend you by analyzing whether your work is substantially similar to the original and whether your use qualifies as fair use.

Filing a Music Copyright Infringement Case

The process of filing a copyright lawsuit is similar to other civil cases, with a few unique steps:

  • File Form AO 121 when submitting the initial complaint
  • Pay the filing fee
  • The clerk issues summonses for defendants
  • Defendants have 21 days to respond
  • Failure to respond can result in a default judgment

Because music copyright cases often involve technical musical analysis, having a lawyer with both legal and musical expertise is critical. If you suspect your rights have been violated, don’t wait. The sooner you act, the stronger your case will be.

FAQ on Music Copyright Law

1. Can I perform copyrighted music?

Yes, with a license, unless the song is public domain or fair use applies.

2. Can I use 30 seconds of a copyrighted song?

No. Any unlicensed use risks infringement.

3. How do I avoid music copyright infringement?

Create original works or obtain licenses.

4. What songs can be copyrighted?

Any original composition fixed in a tangible medium.

5. Can I use copyrighted music if I give credit?

No, credit does not replace a license.

6. What should I do if my song was stolen?

Contact a music copyright infringement lawyer immediately.

Do You Have a Case?

Every situation is unique. We will evaluate your case one-on-one to determine if your copyrights were infringed and what remedies you can pursue.

Call our Miami office today (305) 889-7890 or email the firm with details of your situation to protect your intellectual property.

Categories

Get Your Consultation