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Simple English definitions for legal terms
infringement (of copyright)
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A quick definition of infringement (of copyright):
Term: Infringement (of copyright)
Definition: Infringement means copying someone else's work without permission. It's like taking something that belongs to someone else without asking. When someone creates something, like a book or a song, they have the right to say who can use it. If someone else copies their work without permission, that's called infringement. To prove infringement, the person who created the work needs to show that they own it and that someone else copied it without permission. They also need to show that the copy is based on the original work. This is against the law and can get people in trouble.
A more thorough explanation:
An infringement refers to the act of unlawfully copying material that is protected under intellectual property law. This means that someone has used someone else's work without permission. It is an act that interferes with the right of intellectual property ownership.
For example, if someone copies a song or a movie without permission from the owner, they are committing copyright infringement.
In a copyright infringement matter, the plaintiff (the person who owns the copyright) would need to establish:
- Valid copyright ownership
- The copying of elements of the original copyrighted work
A copyright owner has the following rights:
- To reproduce the work
- To prepare derivative works based on the original work
- To distribute copies of the copyrighted work
- To perform certain copyright works in public
- To demonstrate certain copyrighted works in public
- To perform the copyrighted work for sound recordings
- To import copies into the United States
In order to bring a copyright infringement claim, the plaintiff must prove that they hold the copyright interest through creation, assignment, or license. The plaintiff must also plead that the complaint is of an unlawful copy of the original element of the copyrighted work. To constitute an infringement, the derivative work must be based upon the copyrighted work. Although the Copyright Act does not provide an explicit definition of infringement, it is understood that unauthorized usage of the copyrighted material is inconsistent with the exclusive enumerated rights. This constitutes copyright infringement under federal law.
For example, if someone creates a painting that is based on a photograph that they found online without permission from the photographer, they are committing copyright infringement.