What You and Your Business Need to Know About Copyright Law and Infringement

Copyright law governs the rights and ability of individuals to use other people’s works, which includes their writings, drawings, photographs, paintings, software codes, and business plans. Copyright laws were created in order to boost the creation of works by securing them with exclusive ownership rights and to encourage their dissemination in order to foster a competitive marketplace.

Would You Like to Discuss a Copyright Issue?

Copyright protection applies only to original works of authorship fixed to tangible media that are (1) original, (2) creative, and (3) tied to a tangible medium. Even though the work may only be created for a short period of time, it always takes a physical form. The requirement of originality allows for the use of works that are similar to pre-existing works that lack originality, quality, or aesthetic merit as long as they were created independently. An author must make some creative effort in order to satisfy this requirement.

Works such as literary works, musical works, dramatic works, pantomimes, choreographies, audiovisual works, and architectural works are all protected by copyright. Moving pictures, audio recordings, and architectural works are all examples of works that are commonly protected by copyright. The letter of the law states that certain ideas, procedures, systems, methods, and principles are not protected by patents. Despite the fact that the works do not satisfy the requirements of originality and creativity, the works do not qualify for the copyright protection. Generally, short titles, phrases, lists of ingredients or contents, or works that fall into the public domain without the right of ownership, such as calendars, speeches that have not been encoded or recorded, and plots or characters in basic form, are not protected by copyright.

In fact, copyright protection is based on a variety of factors and has a factual basis. It is possible to differentiate between two types of copyright protection: the duration of copyright protection and whether certain formalities must also be followed, based on the date of publication. All printed works published after 1977 are protected by the copyright until the author’s death, plus 70 years from the date of publishing. A person working for a corporation has their treatment rights for between 95 and 120 years if they do a commission or work as part of their job duties for that organisation. It is generally accepted that as a general rule, if a work of art is published anonymously, under a pseudonym, or under a company name, its copyright should last between 120 and 95 years after publication. In the event that the copyright protection period expires, the work becomes free.. Restrictions still apply, however. It is not owned by anyone. Prior to 1923, all US-published works were public domain.

How Can You Protect Your Work?

Therefore, businesses and authors should include the symbol so that infringers can’t claim ignorance. Works created after January 1, 1978 do not require publication or registration with the Copyright Office – once they are in a tangible form, they become copyrighted.

. Patent infringement lawsuits must be filed before a trademark can be registered. If you want to seek damages from a copyright infringement, you need to have a copyright registration for the relevant work or works. When a work is registered it creates a public record of an author’s copyright claim, making infringers unable to claim innocent infringer defenses.. The owner may recover only actual damages and the infringer’s profits if the owner is responsible for the infringement. Those who own a registered copyright may also alert Customs and Border Protection to prevent copies infringing the right from being imported.

In what ways does copyright protection protect your rights?

As soon as the ownership of a copyright is protected, certain exclusive property rights are granted. Depending on what you own, you can reproduce some or all of the copyrighted work. Making derivative works means adapting, recasting, or transforming an existing work, such as making a television series out of a book series. Using it, you can sell, rent, lease, or lend copies of the work. Performers may incorporate literary works, musical works, dramatic works, choreographic works, pantomimes, films, and audiovisual works into their performances. Finally, copyrighted works may be displayed and performed, including artistic and graphic works.

It is possible for any or all of the firm’s exclusive rights to be transferred, but the transfer must be in writing and signed by the owner of the rights or an authorized representative. The nonexclusive rights can be transferred without an agreement.

What are your policies regarding Intellectual Property Infringements?

In order to file a claim for copyright infringement, you must do so within three years of learning of the infringement, since that is the time limit for filing a claim. The owner of a work cannot sue for copyright infringement for three years; i.e., if the infringement occurs again within three years, the owner cannot sue for infringement. An infringement can usually be sued for three years after it was discovered or committed, but you will only be entitled to damages for the three years before a lawsuit is filed, and not for any infringements prior to it.

Using a statute of limitations against copyright infringement is illustrated in this recent lawsuit filed against the songwriters of Frozen. In his words, the song is a lot like the Chilean song “Volar,” which scriptwriter Jaime Ciero alleged was copied. Disney’s Frozen movie was released in November 2013, yet Ciero did not file a complaint until after it had passed three years since the alleged infringement – recording the song and including it in the film – occurred. Also, the alleged infringing conduct took place more than three years ago, so the complaint was found inadequate in the Central District of California. In every case in which a copyright is violated, Ciero has three years to file suit. This allowed Ciero to amend his complaint. Whenever “Let It Go” is played on radio or sung on Broadway, it is considered a violation of the copyright. Ciero’s recovery was nevertheless restricted to those events that occurred only during that 3-year period. Cero’s amended complaint provides more specific examples of alleged infringement, as well as references to alleged acts of infringement within three years of filing the lawsuit. Ultimately, the lawsuit was dismissed.

You may be entitled to damages.

In the event of successful infringement, a copyright owner can seek three types of damages: actual damages such as lost revenues, additional profits, and statutory damages. A copyright holder cannot collect damages from an infringer if the infringer made profits over and above those damages. According to the United States statutes of limitations, statutory damages range from $750 to $30,000 for non-willful infringement to $150,000 when willful infringement is committed; the amount awarded depends on the surrounding circumstances, the severity of the infringement, and the financial standing of the infringer. The owner of a copyright can claim damages and profits, but not both.

In order to collect statutory damages, works should be registered before infringing or within three months after publication. Hence, registration must happen immediately. Copyright protection is important so that statutory damages can be claimed.

Is the infringer able to defend himself?

A copyright infringement lawsuit may raise a number of different defenses.. Fair use refers to the use by someone other than the author of a copylefted work for journalism, commentary, criticism, news reporting, teaching, scholarship, or research without first obtaining permission from the author. Parodies or satire that do not simply replicate the original are acceptable as social commentary or critique, provided that they do not take it out of context. Original works can even lose or lose their market value due to piracy..

A playwright behind Who’s Holiday, a one-act comedy based on Dr. Seuss’s book How the Grinch Stole Christmas!, recently requested a written declaration from the court stating that the play was fair in its use of the book and did not violate the copyright, Lombardo v. Dr. Seuss Enters., 279 F. Supp. 3d 497 (S.D.N.Y. Sept. 15, 2017), aff’d, 729 F. App’x 131 (2d Cir. July 6, 2018). According to Seuss, he had infringed the book’s copyright by using the same rhyming style, setting, and characters as the book. Based on the first fair use factor, the court was asked whether and to what extent the play was “transformative.” It found that the play used the original characters’ archetypes and turned them upside down, ridiculing their goofy qualities. Furthermore, the book mocked the utopian society depicted in Dr. Seuss’s book due to its rhyming style. Since the addition of something new and alteration of the original book’s expression, meaning, and message made it a fair use, it is fair use. The court held that the play did not incorporate important elements of the novel’s characters, settings, or plot, but merely mocked it by mimicking its plot and characters. Children’s books should be read instead of plays, because the play is an awkward parody of a children’s book. There was no copyright infringement claim, because this was considered “fair use.”

Another example is Michael Jackson’s estate filing a copyright infringement lawsuit against Disney and ABC in May 2018. “MJJ Prods., Inc. v. Walt Disney Co., 2:18-cv-04761-PSG-SK (S.D. Calif., 2018).. Disney responded to the estate’s inquiry regarding the show’s contents by stating that all the music, videos, and footage used were fair use, since the documentary was based on a true story. To defend its documentary, Disney claimed that music and video excerpts in the film provided historical context and explanations about Jackson’s life and career. This case could not be established as fair use, so the parties agreed that the case should be dismissed in December 2019.

. Copyright registration can also last for years, as well as protecting the exclusive rights that come with ownership of a copyrighted work. Business plans, drawings, software codes, photographs, and other documents can be registered for a long time. In addition, a copyright registration allows businesses to recover damages from infringements, whether they are profit losses or actual damages. A person filing a copyright infringement claim should be aware of the statute of limitations and the defenses he or she may be able to use, such as fair use.