What Is Copyright Infringement In The Entertainment Industry?
Two popular forms in the entertainment industry, music and movies experience severe copyright infringement. Copyright infringement is defined as the re-production or use of any material that is protected by copyright without the consent of the copyright owner. Under copyright law, the owner of the copyright has certain rights which cannot be infringed by another party without permission. Copyright infringement happens when any copyrighted work is used as a derivative work, reproduced, performed, distributed, or publicly displayed without the copyright owner’s consent.
The consequences of copyright infringement can be serious and can cause both criminal and civil liability. Copyright protection is vital for the individuals and organizations who develop new and innovative works. Copyright helps them gain some profit for their innovative ideas. The creator of a work can then permit other people to use the work through licensing arrangements or through the purchase of the copyright.
The United States Copyright Office is responsible for registering new applications for copyrights and maintaining a record of existing copyrights and their ownership. Civil actions for copyright infringement can be pursued in state or Federal courts, according to the usual rules for other civil actions. In extreme cases, U.S. District Attorneys can bring criminal actions against violators of copyright.
Factors that affect Copyright Infringement
As technology changed the way in which people interact with visual and written media, copyright infringement has become easier, and copyright protection correspondingly more difficult. Over the last several years, the United States Congress has passed a number of laws designed to prevent infringement and protect the intellectual property rights of copyright holders.
Technology
With the rapidly growing spread of computer and internet technology, people have made illegal use to copy any information they wished, very conveniently. Some individuals and organizations deliberately reproduce published items for their own profit, or reproduce works without any regard for the rights of the copyright holder.
Visual Resources
There has been a huge transformation in the digital world and digital imagery as well. You can easily copy an image. Many creators of images have their work pirated by others. At the same time, collections of digital images have appeared, which claim copyright in older images that may have fallen out of copyright, and which attempt to collect money through licensing fees. It is necessary to create an awareness about different issues regarding the problems of digital imagery copyright by graphic artists and photographers.
Internet
The Internet has made it challenging for copyright owners to deal with copyright infringement. The Digital Millennium Copyright Act attempts to protect copyright on modern information systems like the internet. Artistic works on the internet can be protected under this act.
Two fundamental provisions are the prohibition of technologies that circumvent access controls, and the prohibition of any use or distribution of technologies that circumvent access controls. This helps protect copyrighted works.
If someone is using your copyrighted work, then you can seek advice from a skilled copyright lawyer.
How can you prove copyright infringement?
Some steps must be followed to prove copyright infringement.
Step 1: You must prove that you have ownership of the copyright. While registration of the copyright with the Copyright Office is not required to file suit, it is required to claim certain types of damages. Registration of copyrighted work is easy and straightforward.
Step 2: You need to prove that another party has illegally used your original work without your permission.
Step 3: If you are unable to prove that the copied work shows no similarity with the original work then it will be difficult to prove copyright infringement.
What do you mean by Fair Use?
In the US, copyright law exempts “fair use” of copyrighted works without payment or permission. However, fair use is for a limited purpose only, such as to comment or criticize, or for some educational or scholarly use or as a parody. Fair use can thus be a defense to a copyright claim.
In an infringement claim, the defense of fair use will trigger a certain amount of scrutiny by the court. It will determine whether the amount of material used is limited, and whether the use falls under the traditional definition. The court will make a decision that will safeguard the interests of the copyright owner but will also motivate creativity and innovation.
The court will rule whether the non-commercial use is fair or not. There are various factors that the court will analyze in determining whether the sample comes under fair use or not.
As copyright law is complex, it is better to consult an experienced Los Angeles Copyright Lawyer than to struggle with the intricacies of the issue yourself.
