When filing or defending a copyright infringement lawsuit, it’s very important to understand the various costs involved. These expenses can add up quickly and vary depending on the complexity of the case. Here’s a breakdown of the typical costs associated with a copyright infringement lawsuit, brought to you by IPISC, your trusted provider of intellectual property insurance.
What goes into the cost of a copyright infringement lawsuit?
Attorney Fees Initial Consultation
Many attorneys charge for an initial consultation, though some may offer it for free. This would help you understand your case’s strengths and weaknesses. Attorneys usually charge by the hour, with rates varying based on their experience and location. Some attorneys require an upfront retainer fee, which they bill against as they work on your case.
Court Fees Filing Fees
For Plaintiffs, the cost to file a lawsuit can vary depending on the court. These are the costs associated with serving the defendant with legal papers.
Expert Witness Fees
If your case requires expert testimony, such as from a forensic analyst or industry expert, expect to pay significant fees.
Discovery Costs and Depositions
Taking depositions involves court reporter fees and transcription costs, which can be large in quantity. Document production is part of this process. Gathering and producing documents, especially with electronic discovery (e-discovery), can be labor-intensive and expensive.
Trial Preparation and Pre-trial Motions Costs
These are the costs associated with filing and arguing pre-trial motions. Preparing witnesses for trial can also incur additional costs. On top of that, if the trial or depositions require travel, these expenses can add up quickly.
Settlement Costs
Many cases are settled before going to trial. While this can save on trial costs, negotiating a settlement also incurs legal fees.
Trial Costs
The average cost, per side, to litigate a copyright case through trial is $1.4 million (American Intellectual Property Law Association 2023 Report of the Economic Survey, amount in dispute between $10 million and $25 million).
Miscellaneous Costs Administrative Costs
This includes expenses for copying, mailing, and other administrative tasks. Technology fees can be a part of this too, which are costs for legal research databases and other technology tools used in preparing the case.
Potential Damages and Penalties
If you lose the lawsuit, you may be required to pay damages or costs. These can include statutory damages, actual damages, and possibly the other side’s attorneys’ fees.
The total cost of a copyright infringement lawsuit can vary depending on the factors mentioned above, but one thing is for sure. The costs can be extremely high and overwhelming without sources of funding like intellectual property insurance. For more information and to explore how IPISC can protect you for intellectual property risks and mitigate potential litigation expenses, contact us here at https://ipisc.com/contact-us/
