Copyright law may be used to protect several forms of creative expression in the areas of art, film, music, and literature. Once you have obtained a copyright on your work, you typically have the exclusive right to perform it, reproduce it, make derivative works from it and more.
When another party uses or distributes your copyrighted work without consent, they may be found liable for copyright infringement. There are several types of copyright infringement, including:
- Direct infringement: A party uses a copyrighted work without consent from the owner of the copyright.
- Contributory infringement: A party aids in another party’s unauthorized use of the copyrighted work.
- Vicarious infringement: A company benefits from a party’s infringement, despite having the ability to stop the infringement.
Proving copyright infringement
Proving copyright infringement may require you to prove that you are the owner of the copyright and that another party copied the copyrighted work. Establishing infringement may require you to establish:
- The accused had access to your copyrighted work.
- The accused created a work that was substantially similar to your copyrighted work.
- The accused copied a significant amount from your copyright work.
The party accused of copyright infringement may claim that their use of the copyrighted work is legal, as it is considered fair use. Under the concept of fair use, a party may use a copyrighted work in limited circumstances (e.g., for educational or comedic purposes).
The accused party may also claim that they had permission from the owner of the copyright to use the copyrighted work or that the copyright had expired.