Defending a Copyright Infringement Case
Copyrights confer a vast amount of protection over works created by individuals and companies. Indeed, copyright protection extends beyond the exact reproduction of a work and can cover the likeness and general themes found in a work. In addition, copyright holders not only have the right to prevent further reproduction of the work, but they also have the ability to control derivative works, distribution of their work, and other rights. As a result, it is common for artists and companies to be accused of copyright infringement. Nevertheless, there are certain things you should keep in mind when defending a copyright infringement case.
Registration
Under United States law, copyright holders do not need to register their work in order to claim copyright protection. Indeed, copyright protection sets in whenever the work is fixed in a tangible medium of expression, and it is not even necessary in the present to put a statement on the work that the work has been copyrighted. However, registration of the work is a prerequisite to suing for copyright infringement. Nevertheless, courts hold that copyright-holders can sue for infringement that occurred both before and after registration, so individuals and companies can always simply register a work after they decide to sue. In any case, registration requirements are important to keep in mind when defending a copyright infringement case.
Elements of a Case
When plaintiffs sue for copyright infringement, they can either make a direct case for infringement or a circumstantial case for infringement. A direct case for infringement involves a plaintiff introducing evidence that someone actively copied another person’s work when making their own work. For instance, someone can prove through emails or recorded conversations that another person used their work when producing their own work. However, it is uncommon for people to admit to copyright infringement, or for clear evidence to exist that copyright infringement occurred. As a result, when defending a copyright infringement case, the vast majority of defendants will need to defend a circumstantial copyright infringement matter.
In order to make out a circumstantial case for copyright infringement, plaintiffs normally must prove two elements. First, plaintiffs must prove that the defendant had access to plaintiff’s work. This is easier to prove if the work has been broadcast via television or radio, but is difficult to prove if the work has never been distributed. Secondly, plaintiff must show similarities between the plaintiff’s work and the work he or she claims is a copy of this work. This is often a fact-sensitive inquiry, and reasonable minds may disagree about how much similarity give rise to an inference for copyright infringement. As a result, when defending a copyright infringement case, it is important to prepare any arguments for how the two works are not similar.
Fair Use
The biggest defense that can be presented when defending a copyright infringement case is fair use. Essentially, fair use is when an individual or company uses a piece of copyrighted material to comment on something or for some other educational or another useful purpose. It would be difficult for every reproduction to violate a copyright-holder’s rights, so courts have developed this doctrine to allow fair copying of protected works.
A number of factors must be considered when defending a copyright infringement case with a fair use argument. Courts typically look to the purpose of the use, and are likely to find that educational and informational purposes are fair use over commercial and otherwise exploitative use. In addition, courts also look to the amount of the work that was copied, and if only a small portion of the work was reproduced, courts will be more likely to find fair use. There are a few other factors that may come into play while arguing fair use, and it pays to talk to an experienced attorney if you feel that this defense applies to your case.
Minimal Creativity
Another common argument that is often advanced when defending a copyright infringement case is that the work lacked a minimum level of creativity to obtain copyright protection. For instance, if a person photographs a piece of art that is in the public domain and does not have copyright protection, that photograph may not be protected, since there is little creativity in reproducing that work. In addition, copying of facts may not constitute copyright infringement, since facts by themselves are often not accorded copyright protection. A skilled copyright attorney can conduct research and see if this argument is viable in a given copyright infringement case.
Methods of Operation
Another point to keep in mind when defending a copyright infringement case is that copyright does not protect systems, method of operations, and the like. Copyright protection also does not protect useful articles either. For instance, it might be difficult to assert a copyright over forms (such as accounting forms) that have been published. In addition, even if a bike rack is sculpted in an artistic way, it would be difficult to assert copyright protection over this useful article. This defense is not used as often when defending a copyright infringement case, but it a powerful argument when defending a matter.
The Rothman Law Firm has substantial experience researching copyright matters and defending copyright infringement cases in litigation. If you are looking for an experienced New York and New Jersey attorney to handle your copyright matter, please feel free to contact The Rothman Law Firm to request a free consultation.