What is Copyright?
Copyright is a form of intellectual property protection that safeguards creative works such as literature, music, visual arts, motion pictures, theatrical works, and architecture. It grants exclusive rights to the creator or the entity they assign the copyright to.
Understanding Copyright Infringement
Copyright infringement occurs when someone distributes, copies, publicly displays or performs, or creates derivative works based on a copyrighted work without permission from the copyright owner. Infringers can face civil and criminal penalties.
Elements of a Copyright Infringement Claim
To prove copyright infringement in a civil lawsuit, the plaintiff must establish two key elements:
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Ownership of a valid copyright: The work must be original, in a tangible medium of expression, and the copyright must be registered with the U.S. Copyright Office.
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Violation of the plaintiff’s exclusive rights: The plaintiff needs to demonstrate that the defendant has unlawfully used the copyrighted work, either through unauthorized display, distribution, or creation of derivative works.
Criminal Copyright Infringement
In certain scenarios, copyright infringement can also be prosecuted as a criminal offense. To establish criminal copyright infringement, two additional requirements must be met:
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Willful action: The defendant must have knowingly infringed on the copyright holder’s rights, with the awareness that their actions were unauthorized.
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Financial gain or commercial impetus: The defendant must have intended to profit or gain commercially from the infringement, regardless of whether the actual profit was made.
The Most Common Types of Copyright Infringement
In the digital age, copying and duplication have become the most prevalent forms of copyright infringement. Whether it’s through email sharing, document servers, or physical copying, unauthorized duplication has become alarmingly simple and widespread.
Consequences of Copyright Infringement
If a court determines that copyright infringement has occurred, the plaintiff may be awarded civil damages ranging from $750 to $30,000 per work infringed. In cases of willful infringement, fines can increase to $150,000 or more per work, and criminal penalties, including imprisonment, may be imposed.
Navigating Copyright Litigation
When it comes to copyright litigation, it’s vital to be aware of the statute of limitations. Generally, a plaintiff has three years from the date of discovering potential infringement to file a lawsuit. The costs and duration of litigation can vary significantly, but recent legislation aims to expedite smaller copyright infringement claims.
Case Study: Twentieth Century Fox Film Corp. v. MCA Inc.
In a notable copyright infringement case, Twentieth Century Fox accused MCA Inc. of infringing on the copyright of their film Star Wars with the TV show Battlestar Galactica. The Ninth Circuit Court ruled in favor of Twentieth Century Fox, citing substantial similarities between the works.
Overlaps in Intellectual Property
Copyright is just one aspect of intellectual property law, alongside patents, trade secrets, and trademarks. While copyrights protect various creative works, trademarks safeguard names, designs, and images used for identification in the marketplace. Patents, on the other hand, protect inventions from infringement.
Tips for Handling Copyright Litigation
While copyright litigation can be time-consuming and costly, it is often necessary to protect the revenue and livelihood of creative artists. Leveraging technology, such as Practical Law, can enhance research, expedite discovery, and strengthen legal arguments for a more efficient litigation process.
For more information on copyright litigation, consult the experts at Garrity Traina.
