Whether you'e an artist, writer, musician or creator of any kind, it's important to safeguard your intellectual property from theft, reproduction, and profit by unauthorized third parties. Copyright law exists to protect original works of authorship and prevent infringement by others. In this article, we'll explore what copyright law covers, how to determine if your work is protected, what constitutes infringement and the consequences of copyright infringement.
Is Your Work Protected Under Copyright Law?
To be protected under copyright law, a work must be an original creation by an individual and involve some level of creativity. This includes literary, musical and dramatic works, as well as motion pictures and sound recordings. Additionally, the work must be fixed in a tangible medium, such as being written down or recorded. Meeting these requirements grants you the exclusive legal rights to reproduce, distribute, perform, or display the work publicly, create derivative works and transfer any of these rights. You can also take legal action against infringers who use your work without permission.
Has Your Work Been Infringed?
Proving copyright infringement can be challenging in court. You must establish that you own a valid copyright in the work or have the legal authority to bring a lawsuit, and that the defendant copied the protectable elements of the copyrighted work without permission. However, copying elements that are in the public domain, scenes à faire, or fall under the merger doctrine will not be considered infringement.
One of the advantages of registering your copyright with the U.S. Copyright Office is that it provides prima facie evidence of a valid copyright. This means that the burden of proof is on the defendant to prove that your copyright is not valid. Registration also allows you to recover statutory damages if infringement is proved.
To prove that the defendant copied your work, you'll likely need to show substantial similarity between your work and theirs. Direct copying is difficult to prove, so substantial similarity requires evidence of the defendant's access to your work and substantial similarities between the two works. Only portions of the work that are copyrightable will be compared for the substantial similarity test. Any elements that are in the public domain will be excluded.
Does Infringement Have to be Intentional?
While there are defenses to copyright infringement, unintentional infringement is not one of them. Disclaimers or acknowledgments that you do not own the copyright will not mitigate liability. If the author can prove that the infringer willfully infringed, they may be entitled to enhanced statutory damages.
What Are the Consequences of Infringement?
Infringement can result in a lawsuit seeking actual damages, including any profits made by the infringer, or recovery of statutory damages. Reasonable attorney's fees are also available if you prevail in litigation. An injunction against the infringer ordering them to cease infringing and seizing infringing goods can also be obtained.
Conclusion
If you suspect that your work has been infringed, it's recommended to consult an attorney for advice on how to enforce your rights. Anyone who wishes to copy material from another party or is concerned about infringing should seek permission from the copyright owner and obtain a license to use the work. It's also wise to consult with an attorney to ensure compliance with copyright law and any licensing agreements. By understanding copyright law, creators can protect their original works and prevent infringement by others.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
