Forms of Copyright Infringement

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.

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forms of copyright infringement

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Updated on: July 31, 2024
Read time: 3 min

Copyright laws protect original creative works, such as music, art, and literature, that are fixed in some kind of tangible medium. No matter the medium—book, canvas, digital file, etc.—or official publication, copyright laws protect these works from infringement.

Finger pressing red button on computer keyboard with white text "copyright infringement"

As a creator, you have exclusive rights to distribute, copy, modify, perform, and display your works as you see fit. If anyone else takes your work and does any of these things, then they may be infringing on your copyrights. In order to prove infringement, you must demonstrate substantial similarity between your work and theirs and that they had access to your originals.

Also, as a creator, you likely receive inspiration from others and could unintentionally violate copyright laws. If you're a blogger or own a website where you publish lots of content and images, for example, you could be liable for infringement even if:

  • You use a disclaimer when posting copyrighted images and text.
  • You resize or otherwise alter the images.
  • You found the images on the internet.
  • You wrote the words, but they exist in that exact form somewhere else on the internet.
  • You didn't know you were infringing.
  • You didn't make any money from the text or image.

In addition to direct copyright infringement, someone may also be guilty of contributory infringement if they knowingly induced or assisted someone else in using your material. Remember Napster? In perhaps the most famous case of its kind, the U.S. District Court in San Francisco held that Napster's music-sharing service constituted contributory infringement by knowingly allowing its users to trade protected music.

Image and text copyright are two common types of infringement. The moment you create an original image, whether it's a selfie or a majestic landscape, you automatically own the rights to that image. With the proliferation of image sharing on the internet, it is common for others to take those images and use them for their own purposes. In too many of those cases, they are infringing on your image copyrights.

Like images, the moment you write a novel, a poem, or a blog article, you have copyright protections. As such, you have the exclusive right to distribute, copy, perform, or otherwise use that text. When it comes to content published on the internet, text copyright infringement can run rampant because it's so easy to just copy and paste the text.

Exceptions to infringement

There are exceptions to copyright infringement laws and things you can do to avoid unauthorized use of someone else's material, including the following:

  • Fair use. Copyrighted works, like images and text, may be used on a limited basis if the use satisfies the following factors: purpose, nature of work, amount used, and market effect. Fair use is primarily reserved for works of criticism, comment, reporting, research, and education. For example, you write an article criticizing an article by John Doe. In your article, you place a paragraph of his text so that you can put context to your criticism. This would likely be considered fair use because it is for purposes of criticism, the work is not for profit, it is fact-based, and you used only a small amount of John Doe's words.
  • Public domain. Copyrights generally only last for the life of an author, plus 70 years. Once that term is over, the work is placed in the public domain and may be used in any way. Additionally, authors may affirmatively place their work in the public domain so that others may use the work for their own purposes.
  • Creative Commons. Through the creative commons license, authors communicate which rights they are reserving for themselves and indicate what rights you have to use the work. Attribution is always required.
  • Direct licensing. The best way to avoid infringement is to seek a license to use any protected music, text, art, or image before you use it. When in doubt about using someone else's intellectual property, drop them a note and have a conversation about it before you move forward.
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

51 days ago
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Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
52 days ago
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Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
58 days ago
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Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
63 days ago
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Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
107 days ago
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So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
101 days ago
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Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
120 days ago
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Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
147 days ago
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Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
155 days ago
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Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
163 days ago
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Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
318 days ago
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Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
559 days ago
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Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1197 days ago
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Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1303 days ago
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Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1581 days ago
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Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1741 days ago
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LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

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