When most business owners consider what makes their brand unique in the modern market, they typically focus on the products or services they provide and the skilled experts they employ to keep their business operating at peak performance. Although these elements are clearly important for any business, one crucial component is often overlooked – intellectual property. Intellectual property (IP) consists of original creations developed by the human mind, from architectural blueprints to computer software programs. Because IP is intangible, unlike traditional property such as real estate or goods, maintaining control of IP is particularly difficult, and the unauthorized use of a business’s IP by an outside party is a serious pervasive threat.
Thankfully, there are several ways you can obtain legal protection for your business content, one of the most common of which is copyrighting. Review the following information to learn more about copyrights and copyright violations, then contact The Myers Law Group to begin the process of copyrighting your business’s IP.
What Is a Copyright?
Copyright is a form of legal intellectual property protection provided to creators or inventors of original works, including works of art, photographs, music, lyrics, articles, speeches, promotional materials, web content, and computer code. Copyright law protects IP by granting the copyright owner with the exclusive rights to:
- Use and reproduce the copyrighted work
- Adapt, translate, modify, or create derivative works based on the original
- Distribute copies of the copyrighted work through sales or other methods
- Display the copyrighted work in public
- Perform the copyrighted work in public
- Prevent others from using your copyrighted work or substantially similar works
- License others to use the copyrighted work
To be considered eligible for copyright protection, the IP must be an “original work of authorship” created by a person and “fixed” in a tangible form of expression. You cannot copyright ideas, concepts, strategies, or other subject matter, but only the form of expression, meaning work presented in a written, recorded, or published form. New inventions can be protected with patents, and brand names or logos within the copyrighted work can be protected with trademarks.
What Is a Copyright Violation?
Also known as copyright infringement, copyright violation refers to the violation of the exclusive rights granted to copyright through the unauthorized use, reproduction, sale, distribution, performance, or display of copyrighted works or the creation of derivative works by a third party who does not have permission to do so from the copyright owner. Copyrights are granted by the US Copyright Office of the Library of Congress and protected by Title 37 of the US Federal Code of Regulations.
What Are Examples of Copyright Violations?
In the business world, common examples of copyright violation include performing any of the following actions without obtaining express permission from the copyright owner:
- Downloading videos, music, software, or other content without paying for their use
- Copying artistic or literary works without a licensing agreement
- Publishing full-text copyrighted works online
- Using copyrighted images on a company website
- Modifying a copyrighted image and publishing it on a company website
- Copying graphics, images, and other aspects of another company’s website design
- Sharing a video on a company website that features copyrighted words, songs, or music
- Making a copyrighted film available online
- Copying brochures, advertisements, articles, or other promotional or explanatory works
- Manufacturing and selling merchandise with copyrighted words or images
What Can I Do If My Copyright Rights Are Violated?
If you suspect that someone has violated your rights, you can file a claim of copyright infringement against them to stop the infringing actions and recover compensation for losses you experienced due to the infringement. Violations of copyright law are prosecuted by the US Department of Justice with assistance from the US Copyright Office.
To claim copyright violation, you must prove the following three elements:
- You are the owner of the legally copyrighted work.
- The defendant copied the work, demonstrated by direct evidence of copying or creating a separate work with striking similarities to your own.
- The copied work is protected by copyright.
How Can a Defendant Contest a Copyright Violation Claim?
Common defenses used to contest copyright infringement claims include:
- The work is factual and does not contain a creative or expressive element, therefore it is not covered by copyright protection.
- The work was created independently by the defendant and similarities to the copyrighted work are purely coincidental, not intentional or deliberate.
- The copyrighted work is permitted by fair use, meaning the defendant was allowed to use limit sections of the work for reporting, commentary, or criticism.
What Are the Penalties for Copyright Violation?
If the court upholds the copyright violation claim, the infringing party can face these penalties:
- Seizure of the infringing work
- Repayment of the amount of damages incurred by the plaintiff and profits obtained by the defendant due to the copyright violation (this amounts to $200 to $150,000 for each violation, with higher penalties imposed in cases of willful infringement).
- Payment of attorney fees and court costs needed to prosecute the case
- A court injunction to cease the infringing acts
- Fines of up to $250,000 for each violation
- A maximum prison sentence of five years
Protect Your Business’s Intellectual Property
If you are interested in protecting the hard-earned IP of your business, you need legal representation from lawyers who specialize in IP. At The Myers Law Group, our team of expert copyright attorneys has more than 80 years of combined experience helping businesses protect their assets in both the US and the international markets. Whether you own a small, family-operated business or a multinational corporation, we can work with you to discuss your business goals and create a comprehensive, personalized solution for you. We have extensive knowledge of copyright laws and can guide you through the process of registering your copyright and licensing it to other parties. Our team of trial-tested attorneys can also handle any copyright violations that may arise with expert legal counsel and litigation.
As a business owner, your IP is a significant asset and should be protected as such. Contact The Myers Law Group today to protect your IP and prepare your business for continued growth and success into the future.