Shein, Temu, UMG, Warner, Sony, and Verizon. You may have recently seen these names in the news. E-commerce retailer Temu and fashion giant Shein are trading accusations of unfair competition and copyright infringement, while music labels such as UMG, Warner, and Sony are suing Verizon for “encouraging” subscribers to commit copyright infringement. These high-profile legal battles highlight the ongoing challenges companies face in protecting intellectual property rights in the digital age. It also underscores the importance of understanding copyright laws and regulations in order to avoid costly litigation.
So, what is copyright infringement? Today, we will discuss what copyright infringement is and how to address it.
Understanding Copyright Infringement
Copyright infringement is the act of using someone else’s creative work without permission or legal authority, such as exercising one or more of the exclusive rights granted to the copyright owner under Section 106 of the Copyright Act without authorization. This can include reproducing, distributing, displaying, or performing the work without proper consent.
Infringement can manifest in a variety of ways. Common scenarios include:
- Copies of your work are being sold without permission
- The presence of your content on websites without your consent
- Using your photos on a website without authorization
- Unauthorized sharing of your work in online file-sharing networks
- Downloading licensed software from an unauthorized website
- Use of your designs without permission
- Selling merchandise containing copyrighted photos, text, or logos
For some commentary on what may be copyrightable, see the US Supreme Court decisions in Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991) (constitutional requirement necessitates independent creation plus some creativity), as well as Mazer v. Stein, 347 U.S. 201 (1954) (artistic items are protected but not their mechanical or utilitarian aspects).
If someone uses your creative material without permission, you need to know your rights and the legal processes involved to protect your creations. From registering your copyright to pursuing legal action, several steps can be taken to manage infringement effectively and ensure your work is not unlawfully exploited.
Discovering Unauthorized Use of Copyrighted Work
Here are some steps to discover unauthorized use of your copyrighted work, or if someone is using your work without permission:
Conduct online searches. Start with search engines like Google and enter key phrases from your work to identify any unauthorized copies posted online. If the content appears on a website, note the URL and reach out to the site owner for removal.
Consider using social media monitoring tools. Utilize social media alerts and tools that allow you to track where your content appears across platforms.
The next steps after confirming unauthorized use include contacting the infringer directly with a cease-and-desist request, filing Digital Millennium Copyright Act (DMCA) takedown notices with hosting sites, or, if these methods fail, considering legal options.
Engage professionals. You may want to work with intellectual property attorneys who can conduct extensive searches for infringed content.
Considering Legal Actions and Procedures
When direct efforts fail to resolve a copyright infringement issue, it may become necessary to engage in legal proceedings.
You file a copyright infringement lawsuit before a federal court. Registering your copyright with the U.S. Copyright Office is a prerequisite for filing a suit.
In the lawsuit, you can ask the court to prevent the defendant from continuing to violate your copyright, as well as asking for money damages and possibly attorney’s fees. Here at Horn Wright, LLP, our copyright lawyers will assist in drafting a formal complaint, which will articulate the nature of the infringement, and the damages sought. Additionally, our lawyers will prepare for pre-trial proceedings, which include the exchange of documents and information, as well as possible settlement discussions.
Winning a copyright infringement lawsuit can result in various forms of remedies. You may be entitled to monetary compensation, which includes the recovery of lost profits, any income the infringer made using the protected work, and potentially statutory damages which can reach up to $150,000 per work infringed.
Besides financial compensation, the court may issue an injunction to prevent further infringement and may award attorney's fees in some cases.