Copyright Infringement

What is copyright infringement?

Copyright infringement occurs when someone uses another person’s protected work—like music, writing, videos, photos, or software—without the legal right to do so. For example, posting copyrighted material like a photo on a website without permission or unauthorized distribution of a song without a license could be considered copyright infringement.

In the United States, federal law protects creators from having their copyrighted material misused. Copyright protection is registered with the United States Copyright Office and generally lasts for the life of the creator plus 70 years.

Under copyright law, if someone believes their work has been copied or used without permission, they may be able to file a lawsuit. To prove copyright infringement claims in court, the person bringing the case must show:

• They are the copyright owner, which means they hold the copyright interest through creation, assignment, or license
• The infringing work is based upon the copyrighted material
• Specific elements of the original work have been copied

To avoid copyright infringement, it’s important to know that it doesn’t have to involve financial loss. Sometimes, it simply breaks a copyright owner’s legal rights, such as the right of attribution (being recognized as the creator of the work) or the right of integrity (keeping the work from being changed in a way that harms the creator’s reputation).

In addition, copyright infringement doesn’t have to be willful, which means done on purpose. However, willful copyright infringement could result in higher civil or criminal penalties.

FAQs

What is an example of copyright infringement?

Using someone else’s song in a YouTube video without permission or a license is a common example of copyright infringement. Even if no money is made from the video, the creator's rights to copyright protection are still being violated.

High-profile cases of copyright infringement have involved file-sharing sites like Napster, Limewire, or The Pirate Bay. Others have resulted from musical artists using—intentionally or unintentionally—aspects of another artist’s work. Modern examples include:

• Queen and David Bowie v. Vanilla Ice (over similarities in the songs “Under Pressure” and “Ice Ice Baby”)
• The Estate of Tom Petty v. Sam Smith (over similarities between “Won’t Back Down” and “Stay With Me”)
• The Rolling Stones v. The Verve (over The Verve’s unlicensed use of a sample from “The Last Time” in their song “Bittersweet Symphony”)
• Chuck Berry v. The Beach Boys (the Beach Boys changed the lyrics to Berry’s song “Sweet Little Sixteen” and released it as “Surfin’ USA”)

It's worth noting that while the above cases were all eventually settled outside of court.

What’s the difference between copyright infringement and trademark infringement?

Criminal copyright infringement occurs when you use someone’s original creative work—like a book, song, or photo—without permission. Trademark infringement is when someone uses a brand name, logo, or slogan in a way that could confuse customers or harm a company’s reputation.

What do I do if someone infringes on my copyright?

Start by collecting proof that you created the original work or are the copyright owner. Then, you can send a takedown notice, contact an attorney, or file a complaint with the website or platform where it was posted. You may also be able to file copyright infringement claims in court.

How do I know if I'm infringing copyright?

If you use someone else's creative work without written permission or a legal license, it could be criminal copyright infringement. Just giving credit isn't enough to avoid legal issues and possible criminal penalties. Check with a copyright law attorney if you’re not sure.

What is the most common copyright infringement?

One of the most frequent kinds of copyright infringement occurs when someone copies or shares music, images, or videos without permission. This often happens on websites, social media, or through file-sharing apps.