Enriching Life Through Innovative Ideas SM

What constitutes copyright infringement?

When a California resident creates an original work that has been presented in a fixed state, meaning you have recorded it in a tangible way such as written, photographed or otherwise physically documented, obtaining a copyright allows for that work to be protected. However, that is not to say copyright infringement will not occur. But what, exactly, constitutes infringement?

According to Title 17 of the U.S. Copyright Law, one way infringement can occur is when a person who is not the originator creates a copy or reproduction of the work in question. Derivatives of the original work can also constitute copyright infringement, such as working from your original in order to create a new piece. Distortions, recreating with different mediums and using your work as a subsection of a new creation may all qualify as infringements.

Infringement may occur if your copyrighted piece is given away or sold for the first time by a person who does not hold the copyright. Displaying the work or performing it sans permission of the copyright owner may also qualify.

Infringement can also occur if the artist’s moral rights are considered to have been violated. This happens in instances where the work relates to you, as the artist, in a personal manner or has a reputational impact. In these cases, even if you no longer own the copyright, altering or revising the work in a way that reflects poorly on you may not be allowed.

Copyright infringement can be full of blurry lines with various forms of defense considered. Therefore, this post is meant as an educational resource only and not intended to be used as a subtitute for legal counsel.

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

G.L.

Read All