Copyright Infringement

Copyright infringement is the use of copyrighted material without permission or license. If the material was registered with the US Copyright Office, the owner of the copyright may be entitled to statutory damages ranging from $750 to $30,000 per infringement. If the infringement was willful, the statutory damage award is quintupled. While any unauthorized use counts as infringement, there may a defense of “fair use” depending upon how the material was used.

What do you do if accused of copyright infringement? You should immediately take down the potentially offending content and review the material you’ve made available and consult an attorney to determine if the content actually violates a legitimately held copyright. If your counsel’s review reveals that the material may not be covered by copyright, counsel may communicate with the sender of the notice and inform them.

Copyright infringement requires proving: the existence of a valid copyright over the material in question; that an offending party had access to the copyrighted material; and that the copyrighted work and allegedly infringing content are substantially similar. If the copyright owner seeks an award of damages but is not entitled to statutory damages, it also have to offer proof of the infringer’s revenue from the infringement.