Copyright infringement occurs when someone violates an exclusive right belonging to a copyright owner. This lesson explains what a claimant must prove and how courts distinguish protected expression from general ideas or conventions.
Under U.S. copyright law, copyright owners have exclusive rights that include reproducing, distributing, performing, and displaying protected works, subject to statutory limitations and exceptions. Infringement generally means violating one or more of those exclusive rights without authorization.
All flashcards
What are the two general requirements for copyright infringement?
Actual copying from the plaintiff’s work and substantial similarity to protected expression.
Fragmented literal similarity
Similarity based on specific identifiable copied elements, even if much of the later work differs.
Comprehensive nonliteral similarity
Alleged borrowing of a substantial pattern, structure, or combination without copying exact details.
Statutory damages
Damages set within legal limits rather than calculated solely from documented loss; qualifying registration and statutory requirements apply.
Injunction in a copyright case
A court order to stop specified conduct; the plaintiff must show likely irreparable harm under the governing standard.
Quiz questions
Which copyright owner may generally qualify to seek statutory damages, subject to statutory requirements?Answer: An owner of a registered copyright.
Which statement best describes when copyright infringement can also lead to criminal penalties?Answer: The infringement must be willful and meet applicable statutory requirements.
When may a state-law claim remain available alongside a copyright claim?Answer: When it concerns a distinct matter, such as breach of contract or invasion of privacy.
A work borrows a substantial pattern or structure but does not repeat exact wording or notes. Which form of similarity does this describe?Answer: Comprehensive nonliteral similarity.