Copyright Infringement

What is copyright infringement?

Copyright infringement is the unauthorized use of someone else’s copyrighted work. Unauthorized uses include copying, distributing, displaying, or performing the copyright owner’s work without permission. To be considered copyright infringement, copyright law must extend to the work, and the alleged infringer must not have a valid defense or exception under the law. Literary, musical, pictorial, sculptural, and architectural creations are among the many works copyright law protects. Generally, a piece must only be fixed in a tangible form and possess at least a minimal degree of creativity to be considered copyrightable.

For example, an individual who has made unauthorized copies of a movie and is selling them for profit has violated the copyright owner’s exclusive rights, who has the sole right to reproduce, distribute, and sell their work. This form of piracy is considered copyright infringement and is illegal under copyright law. The copyright owner may take legal action against the individual, including seeking monetary damages, injunctions to stop the infringing activity, or in some cases, even criminal penalties.

Need help with a copyright infringement claim? Schedule your consultation today with a top business litigation attorney.

What legal issues typically arise related to copyright infringement?

The following disputes are among the most common to copyright infringement:

• Ownership of the copyright: The defendant may challenge the plaintiff’s claim to ownership of the copyright in question.
• Substantial similarity: The defendant could contend that the alleged infringing work is not substantially similar to the protected work.
• Fair use: The defendant may maintain that their use of the protected work falls under the doctrine of fair use, which allows for limited use of copyrighted material without permission.
• Intent: The defendant may argue that they did not intend to infringe on the copyright and that the infringement was accidental or without knowledge.
• Statute of limitations: The defendant could assert that the copyright owner waited too long to file their lawsuit and, therefore, the statute of limitations bars the case.

What are relevant laws related to copyright infringement in Florida?

Relevant federal and state laws related to copyright infringement in Florida include the following:

• Copyright Act of 1976: This federal law governs copyright protection and enforcement in the United States, including Florida.
• Digital Millennium Copyright Act (DMCA): This federal law provides specific protections and remedies for copyright owners in the digital context, including safe harbors for online service providers.
• Florida Statutes Chapter 495: This section of Florida law deals with registering and protecting trademarks.

What is required to prove a case of copyright infringement in Florida?

To prove a case of copyright infringement in Florida, a claimant must establish the following elements:

• Ownership of a valid copyright: The plaintiff must have a valid copyright in the allegedly infringed work.
• Copying: The defendant must have copied elements of the protected work directly or through substantial similarity.
• Substantial similarity: The allegedly infringing work must be substantially similar to the protected work, such that an ordinary observer would recognize the copying.
• Illegal use: The defendant’s use of the protected work must not fall within a permissible exception, such as fair use, or have prior authorization by the copyright owner.

When a set of facts is appropriate to meet the requirements of copyright infringement, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies, such as:

• Injunctions
• Monetary damages
• Statutory damages
• Impounding and destruction of infringing copies

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation.

What are common defenses to copyright infringement in Florida?

The primary defenses to copyright infringement in Florida include:

• Lack of ownership: The defendant may argue that the plaintiff has no valid copyright in the allegedly infringed work.
• Fair use: The defendant could contend that their use of the protected work falls within the doctrine of fair use, which allows for limited use of copyrighted material without permission.
• Independent creation: The defendant may assert that they created the allegedly infringing work independently and without reference to the protected work.
• Public domain: The defendant may maintain that the protected work is in the public domain, thus, not subject to copyright protection.
• De minimis use: The defendant could reason that their use of the protected work was so minimal as not to amount to copyright infringement.

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Have more questions about a copyright infringement-related situation?

Crucially, this overview of copyright infringement does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.