What Constitutes Copyright Infringement?

Copyright law protects original creative works from certain forms of unauthorized copying and use. This article explains the basic rights of copyright owners, what may constitute infringement, and why similarities between two works do not necessarily establish that infringement has occurred.

Key Takeaways

• Copyright registration can provide important legal benefits and is generally necessary before bringing an infringement lawsuit involving a U.S. work in federal court.
• Copyright protects original works that are fixed in a tangible form.
• Copyright owners receive exclusive rights over certain uses of their protected works.
• Copyright infringement can occur when protected material is copied, distributed, displayed, performed, or adapted without authorization.
• Copyright generally protects the expression of an idea rather than the underlying idea itself.
• Independently creating a similar work does not necessarily constitute copyright infringement.

 

For a Copyright Infringement Case, You Need a Copyright

Before you can file a copyright infringement case involving a U.S. work, you must first obtain a copyright. Not all “creations” are capable of being protected with a copyright. In particular, a copyright is available for literary works, graphical or sculptural works, musical compositions, dramatic or choreographed pieces, sound recordings, pictures, and computer programs that are original and fixed in some physical medium. A copyright gives the holder the following rights:

 

• The right to reproduce copies of the protected work;
• The right to create additional work based on the original work;
• The right to distribute copies to the public; and
• The right to display and perform the work in public.

What is – and What is Not – Copyright Infringement 

When a person who is not the copyright holder does any act which is only permitted to be done by the copyright holder, an infringement of the holder’s copyright may have occurred. For example, if your company creates a unique ringtone and obtains a copyright, a person who obtains your smartphone ringtone and then proceeds to reproduce it and sell it for less may have infringed on your copyright.

 

However, a copyright does not offer you or your company any protection against an individual or company who independently researches and comes up with a creation similar to your own. So, for example, if a company in New York employs a musician who is unfamiliar with your ringtone but who, through the course of his or her work, develops a ringtone that is similar to yours, this company may be able to distribute its ringtone despite the fact that it sounds similar to your own. A copyright does not prevent others from doing their own work – it only prevents others from deliberately copying your work.

When to Call Your California Copyright Infringement Law Firm 

Whether you need to obtain copyright protection for a new work or creation or believe another entity or individual is distributing or unlawfully using your creation without your permission, you should consult with the intellectual property attorneys at JGPC Law. Our team of experienced advocates is familiar with federal intellectual property laws and can help you take decisive legal action to protect your valuable ideas and creations. Contact our law office at (925) 463-9600 or through our website for prompt and professional legal counsel today.

Frequently Asked Questions

What is copyright infringement?

Copyright infringement occurs when someone violates one or more of a copyright owner’s exclusive rights without permission or another lawful basis. Examples may include unauthorized copying, distribution, public performance, display, or creation of derivative works.

Do I have to register a work for it to be protected by copyright?

No. Copyright protection generally begins automatically when an eligible original work is created and fixed in a tangible medium. Registration with the U.S. Copyright Office, however, provides important additional benefits and is generally required before a U.S. copyright owner can file an infringement lawsuit in federal court.

What is fair use?

Fair use is a legal doctrine that permits certain uses of copyrighted material without permission. Courts consider factors including the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect of the use on the potential market for the original.

Can someone infringe my copyright if they did not know the work was protected?

Potentially. Copyright infringement does not necessarily require an intent to violate someone’s rights. However, knowledge and intent can be relevant to the remedies available in an infringement case.

Is it copyright infringement if someone independently creates something similar to my work?

Not necessarily. Copyright does not give an owner exclusive rights to general ideas or prevent someone from independently creating a similar work. Establishing infringement generally requires showing unlawful copying of protectable elements of the copyrighted work.

What should a business do if its copyrighted material is being used without permission?

The business should document the suspected infringement and consult an intellectual property attorney before taking action. Depending on the circumstances, potential responses may include requesting removal, sending a cease-and-desist letter, pursuing licensing or settlement, or filing a copyright infringement claim.

 

The content presented in this article is for general informational purposes only. It is not, nor is it intended to be, legal advice. It does not constitute the formation of an attorney-client relationship. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.