In what instances can i infringe upon a copyright

This set of rights automatically vests to someone who creates an original work of authorship like a song, literary work, movie, or photograph. These rights allow a copyright owner to control who, when, where, and how their work is used, such as through the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly.

Copyright infringement occurs when a party takes an action that implicates one or more of the rights listed above without authorization from the copyright owner or an applicable exception or limitation in the copyright law, such as fair use.

There can be significant legal consequences for copyright infringement, including injunctions, monetary damages, and in extreme instances criminal penalties. The examples below illustrate some of the differences between plagiarism and copyright infringement. Plagiarism But Not Copyright Infringement: A student copies a few sentences of a page book illustrating and describing species of birds to use in article on evolution submitted for her high school newspaper but fails to provide a citation or footnote explaining that the information came from the book.

This student may have committed plagiarism by not properly attributing the information and making it seem like the information originated from the student.

A judge must consider the effect on the potential market for the copyrighted work. This consideration goes beyond the author's or creator's past intentions or the means by which he or she is currently exploiting the work. For example, in a case concerning a photograph that was adapted to a wood sculpture, the court recognized the existence of a market for new versions or new uses of the photograph, and determined that the unauthorized use of the photographic image undermined the potential market.

The ultimate question is whether the infringer's conduct will harm the original copyright holder. Some uses are not considered to undermine the potential market. Copying a magazine cover for purposes of a comparative advertisement is a fair use because the comparative advertisement does not undermine the sales or need for the featured magazine. No customer would not buy the magazine merely because of the advertisement. Similarly, it was the lack of market damage in the Sony case that convinced the Supreme Court to permit off-air videotaping.

Many nonlawyers believe that the unauthorized use of a copyrighted work is permitted if an acknowledgment is made as to the source. This is not true. Acknowledgment of source material such as citing the author or the publication may be a consideration in a fair use determination, but it will not protect against a claim of infringement. For example, if you record a feature film in a theater and then sell DVDs of that recording, it will not help your case that you acknowledge the copyright owner on the cover of the DVD.

It would still be an impermissible infringement. Nevertheless, crediting the original source has benefits. Often, an author or artist will be flattered at being recognized, and this recognition will lessen the "sting" of seeing the work reproduced without permission.

Crediting the source will also make it clear to the public and the courts that you are not trying to claim that the original work is really yours. The safest course of action is always to ask for permission from the copyright holder before using the work, even when you believe that your use would be "fair. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. A determination of fair use generally occurs during a copyright infringement lawsuit.

How Is Fair Use Determined? In order to guide judges in making determinations of fair use, the drafters of the Copyright Act included four factors: the purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes the nature of the copyrighted work the amount of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work.

Below is an analysis of the four fair use factors. Purpose and Character of the Use The first fair use factor refers mainly to the function for which the copied material is being used. Nature of the Copyrighted Work The second factor in the fair use determination is the nature of the work that is being copied.

Amount of Copyrighted Work Used How much of the original work did the infringer take? Effect of the Use on Potential Market for the Work The fourth factor in a fair-use determination is the effect of the use on the potential market for the work that was copied.

Acknowledging Source Material Is Not Enough Many nonlawyers believe that the unauthorized use of a copyrighted work is permitted if an acknowledgment is made as to the source.

Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select As the creator, owner, or holder of the copyrighted material, it's up to you to enforce your rights to stop the infringing activity. Perhaps the most straightforward and commonly used method to stop copyright infringement is to send a so-called Copyright Infringement Notice directly to the offending party.

This is a written notice that identifies the copyrighted subject matter, specifies the alleged infringement or unauthorized use, and threatens action if the infringing activity is not immediately terminated. The notice may also seek fines and penalties for the past unauthorized use of the copyrighted work.

A Copyright Infringement Notice or a Notice of Claimed Infringement is much like a "cease and desist" letter, commanding the infringer to immediately stop the infringement, undo any potential harm, and remove usages of the copyrighted material from public display at once.

If the first method doesn't succeed, a second option is for you, as the copyright owner, to file a civil lawsuit against the infringing party. In the lawsuit, you will need to prove that your copyright precedes any usage of the materials by the infringing party.

You can typically request a court order demanding the infringing party to immediately stop using the copyrighted material and ask for money damages that is, monetary compensation for any actual harm that has occurred as a direct result of the infringement.

You can protect yourself from copyright infringement by registering your creative works with the help of an attorney. An expert can also assist you in pursuing copyright infringement penalties or defend you against an infringement action. Contents 4 min read. While in coll… Read more. In order to qualify for copyright protection, an original creative work must exist in tangible form—in other words, written down or in a form you can touch.

More US Law. Social media is becoming a vital part of marketing strategies in businesses bothlarge and small. Connecting with customers is the new expectation. But how this trend affects both the creators of original content and those who choose to repost or retweet something that wasn't their creation—remains to be seen. The key to knowing how to copyright a song is to know what copyright protects.

Find out what constitutes a derivative work and how it's protected by copyright law. Copyright infringement occurs on a daily basis. Statistically speaking, you've probably infringed on someone's copyrights at some point in your life. Read on to learn more about types of infringement and some possible exceptions. Learn how to use the copyright symbol on your works, such as websites, books, and photographs. As copyright infringement becomes more common, owners are becoming more aggressive in protecting their rights by issuing copyright infringement notices.