You have several rights under state and federal law when you express yourself artistically in some tangible form. As our friends at Focus Law LA explain, copyright infringement occurs when someone illegally copies, uses, or publishes your work without your permission.
What Is A Copyright?
Copyright is an intellectual property right that protects original works when the creator fixes the work in a tangible form. Under copyright law, there are many types of works, including:
- Paintings
- Photographs
- Illustrations
- Musical compositions
- Sound recordings
- Computer programs
- Books
- Poems
- Blog posts
- Movies
- Architectural works, and
- Plays
Works are original if a human independently creates them, and they have at least a minimal degree of creativity. Independent creation means that you created it without copying. Copyright protects expression but not:
- Ideas
- Procedures
- Methods
- Systems
- Processes
- Concepts
- Principles, or
- Discoveries
Whether a creation deserves copyright protection can be hotly debated, depending on the circumstances, because it’s not always clear-cut.
Who Owns A Copyright?
If you create an original work and fix it in a tangible medium, you are the author and the owner. Businesses, organizations, and people other than the creator can be copyright owners. Copyright law allows for ownership rights through “works made for hire,” so the employer owns things created by an employee within the scope of their job. Like other rights, copyright ownership can be bought and sold or transferred through a will.
What Is Copyright Infringement?
Infringement occurs when the material is used in some way without the owner’s permission unless there’s an exception to this general rule, such as “fair use.” That can be using the material in the context of:
- News reporting
- Commentary and criticism
- Research and scholarship
- Nonprofit educational uses
- Parody or satire
Otherwise, infringement can be unauthorized use or copying in terms of:
- Reproduction
- Performance
- Distribution
- Creating derivative works
- Public display
Sometimes, infringement cases arise from disputed contracts, where the parties disagree over what rights were transferred or which uses are allowed.
How Are Copyrights Enforced?
Copyright enforcement is easier if the work is registered with the US Copyright Office and the copyright owner has sufficient documents and evidence to back up its ownership claims. Enforcing these rights can be done through state or federal court. Copyright law is heavily driven by judicial precedent and case law.
Willful infringement or a profit motive can damage a defendant’s case, but neither is necessary to enforce a copyright. Creators may want to enforce “moral rights” such as the “right of attribution” or the “right of integrity.” They cover rights to claim authorship and prevent changes to their work.
A copyright is more difficult to enforce if:
- The work has little to no creative or expressive elements
- The secondary use is limited to a small part of the original work
- Similarities between the parties’ works appear coincidental
Defendants in a copyright lawsuit often claim they’re covered by the fair use defense. Otherwise, they have the burden of proving the plaintiff lacks a valid copyright for the work.
If you have questions about copyright laws or want help pursuing or defending a copyright claim, contact a business litigation lawyer experienced with intellectual property matters.