What Is Copyright Infringement?
Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder. The rights afforded to the copyright holder such as the exclusive use of a work for a set period are being breached by a third party.
Music and movies are two of the most well-known forms of entertainment that suffer from significant amounts of copyright infringement. Infringement cases can lead to contingent liabilities, amounts that are set aside in case of a possible lawsuit.
Key Takeaways
- Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder.
- Individuals and companies who develop new works register for copyright protection to ensure that they can profit from their efforts.
- Other parties may be granted permission to use those works through licensing arrangements.
- Other parties can also buy the works from the copyright holder.
Understanding Copyright Infringement
Individuals and companies who develop new works and register for copyright protection do so to ensure that they can profit from their efforts. Other parties can be granted permission to use those works through licensing arrangementsor they might purchase the works from the copyright holder. Several factors can lead other parties to engage in copyright infringement, however. Reasons include a high price for the authorized workor a lack of access to a supply of the authorized work.
The United States Copyright Office is responsible for accepting applications and claims for copyrights, which totaled 441,500 in 2023 alone. The copyrights were granted to creators of literary works, performing arts, music, and visual arts.
The United States Copyright Office generated $37 million in registration application fees in 2023.
The U.S. Copyright Office defines copyright infringement this way: "As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner."
The Copyright Office doesn't prosecute those who violate copyright law but instead assists the U.S. Department of Justice (DOJ) with the court cases and the necessary legal documentation.
Copyright Infringement Issues
Copyright infringement issues have varied over the years but the Copyright Office has faced a growing number of issues to keep pace with innovation in this time of advanced technology.
Technology
Modern technology makes it relatively easy to copy a product or information and some companies derive a substantial part of their revenue from replicating what other companies have created.
The Copyright Office established the Copyright Modernization Office in 2018 in response. The division is responsible for coordinating IT (Internet technology) modernization projects to modernize the Copyright Office as well as the Library of Congress.
International Issues
Copyright infringement and the resulting laws surrounding protection can vary from country to country with options for recourse and amounts of protection. It can be difficult to prove copyright ownership in an international setting and domestic courts may see the enforcement of copyright claims from international companies as a threat to national productivity.
Some international organizations such as the European Union attempt to keep the regulations and enforcement guidelines of its member countries as harmonized as possible.
Photography and Visual Assets
Digital imagery makes it easier than ever to copy an image. The Copyright Office has been made aware of various copyright issues from photographers, illustrators, and graphic artists.
Non-Economic Rights
Not all copyright infringement results in a measurable monetary loss. Moral rights are enforced as well. They cover the right of attribution, an author's right to be identified as the author of a work. Authors also look to prevent changes or distortions of their work. This is called the right of integrity.
The Internet
The Internet has created obstacles for copyright holders. It's easier than ever for copyrighted materials to be accessed by companies around the world and the creation of technologies has outpaced the regulatory environment’s ability to ensure that copyrights apply to formats.
Real-World Examples
The music industry was caught off guard by the development of online music-sharing websites such as Napster, an online music website that allowed peer-to-peer sharing of music files through their network. Customers would share or distribute the music of various artists for free. Record companies sued Napster for copyright infringement to protect their intellectual property and they won their case.
Napster was found to be in violation of copyright laws because the company knew of the widespread distribution and didn't do enough to stop it. The music was copied and used by customers and this was financially harmful to record companies and the sale of their music. Napster was found to have financially benefited at the expense of record companies by allowing the copy and distribution of music.
Companies seeking targets for copyright infringement claims can also go after the companies providing the files but they can also seek damages from Internet service providers (ISPs) as well as individual users.
The estate of Randy Wolfe, a member of the band Spirit, claimed copyright infringement against the band Led Zeppelin in 2020. The estate claimed that Led Zeppelin had copied parts of Spirit's song "Taurus" in their song "Stairway to Heaven." The case was finalized in Led Zeppelin's favor.
How Long Does Copyright Protection Last?
Copyright protection for works created after Jan. 1, 1978 lasts for the life of the creator plus 70 years. Protection lasts for 95 years from the date of first publication or 120 years from the date of creation, whichever expires first, for anonymous work, pseudonymous work, or work made for hire. The length of copyright protection varies on a variety of factors for works created before 1978.
Is Copyright Infringement Illegal?
Yes, copyright infringement is illegal but it's most often a civil issue rather than a criminal matter. Penalties for copyright infringement usually include a fine and/or payment to the injured party.
How Do You Prove Copyright Infringement?
Copyright infringement can be difficult to prove in some cases. The first step an individual can take to prove copyright infringement is to establish that they have ownership of the copyright. The next step would be to prove that the alleged infringing individual had access to this copyrighted work and then to prove that the original copyrighted item has been copied.
It can be difficult to prove copied elements if the alleged copied work isn't identical or very similar to the original work.
The Bottom Line
Copyright infringement occurs when an individual or entity uses or produces protected material or an idea without the consent of the copyright holder. This most commonly occurs in the
entertainment industry with movies and music but it can occur with technological advancements and written material as well.
Copyrights are legally enforceable. You can register your work for copyright protection with the United States Copyright Office. Contact a legal professional if you have a copyright and have reason to think it’s been infringed upon.
