Have you ever created something original and worried about someone else using it without your permission?
Or maybe this has already happened, and you’re wondering what to do next.
You’re not alone.
Dealing with copyright infringement can feel overwhelming and deeply personal. But to tackle it effectively, you need to know the different types and what you can do if you find yourself in this complicated situation.
In this blog, the team at Emerson Thomson Bennett breaks down the three main types of copyright infringement: direct, contributory, and vicarious. We’ll explain what each one means, show you some examples, and guide you on how to handle them.
Direct Copyright Infringement
Direct copyright infringement occurs when people use a copyrighted work without permission.
Put simply, if someone copies, distributes, performs, or displays your work without prior authorization, they’re committing direct infringement. It’s the most common type of copyright violation and can happen anytime, anywhere.
A few examples of direct infringement include:
1. Copying a Book
If someone photocopies your book and sells the copies without your permission, they are directly infringing on your copyright.
2. Using Music Without a License
You have the exclusive right to control public performances of your music. If your song is played at a public event, such as a concert, without the proper license, it constitutes direct infringement.
3. Posting Images Online
Someone uploading your copyrighted images to their website or social media without you knowing is also direct infringement.
What to Do if You Face Direct Infringement?
Once you discover someone is unlawfully using your copyrighted work, it’s important to act quickly and decisively to protect your IP.
Here’s what you should do.
1. Document the Infringement
Gather evidence, such as screenshots, copies, and detailed records of unauthorized use. You’ll need this documentation if you want to take legal action.
2. Contact the Infringer
Send a cease-and-desist letter to the infringer demanding they stop using your work immediately. A well-drafted request can often resolve the issue without needing to escalate further.
3. Seek Legal Advice
Consult with a copyright infringement lawyer to explore your options and ensure your rights are protected. A lawyer can guide you on the best course of action based on the specifics of your case.
4. File a Lawsuit
If the infringer does not comply with your demands, you may need to file a lawsuit to seek damages and an injunction against them.
Contributory Copyright Infringement
Contributory copyright infringement happens when someone knowingly helps another person infringe on your copyright. Even if they’re not the ones directly using your work, they can still be held liable if they contribute to the infringement.
Contributory infringement targets those who facilitate or encourage copyright violations. Examples include:
1. Providing Illegal Downloads
If someone operates a website that hosts links to illegal downloads, they’re infringing on your work. They may not be downloading or distributing the music themselves, but providing the platform or links facilitates illegal activity and makes them liable.
2. Selling Software
Distributing software that bypasses digital rights management (DRM) protections to facilitate illegal access to copyrighted content is also a contributory infringement.
3. Sharing Pirated Content
When someone distributes pirated movies or software via peer-to-peer networks, they’re guilty of contributory infringement.
What to Do if You Face Contributory Infringement
It’s frustrating to find someone helping others infringe on your copyrighted work. To make things right, you must:
1. Identify the Contributors
Determine who’s helping to infringe your work, whether it’s website operators, software developers, or individuals sharing your content illegally.
2. Gather Evidence
Collect concrete proof of their actions, such as communications, transaction records, or screenshots that show how they are facilitating the infringement.
3. Issue Notices
Send cease-and-desist letters to both the direct infringer and the contributors. Clearly state the unauthorized use of your work and ask them to stop.
4. Legal Action
In case all else fails, contact a copyright infringement attorney and pursue legal action.
Vicarious Copyright Infringement
You could think of vicarious infringement as someone benefitting from copyright violations without directly participating in them. Unlike contributory infringement, vicarious infringement doesn’t require the person to be aware. Instead, it focuses on their ability to stop the infringement or profit from it.
For example:
1. Venue Owners
Picture a nightclub owner hiring a DJ to play music without ensuring they have the proper licenses. Even if the owner is unaware, their control over the event and financial benefit makes them liable for vicarious infringement.
2. Online Marketplaces
Consider an online marketplace that profits from the sale of counterfeit goods. The marketplace operator may not be directly selling counterfeit items, but they’re in charge of what’s sold on their platform.
3. Service Providers
A company providing hosting services for websites with pirated content may not be aware of any specific copyrighted material. However, they benefit from the hosting fees.
What to Do if You Face Vicarious Copyright Infringement
Do you suspect your work is being used for profit without your consent? Act immediately by:
1. Identifying the Controller
Find out who has the power to control the infringing activity.
2. Documenting the Financial Benefit
Show how the controller benefits financially from the infringement, such as entry fees, sales commissions, or service fees.
3. Sending Legal Notices
Notify the controller of the infringement and demand that they stop the unauthorized use. Make it clear that their control over the activity and financial gain make them liable.
4. Seeking Legal Action
Work with a copyright infringement lawyer to file a lawsuit. Seek damages and injunctions to stop the infringing activities and hold the controller accountable.
Consult A Reputable Copyright Infringement Attorney Today
Protecting your intellectual property is not just about defending your rights; it’s about ensuring your hard work and creativity are valued and respected. We hope this blog gave you insights into the different types of copyright infringement and the steps you can take to pursue justice.
If you’re facing copyright infringement issues, you don’t have to navigate the complexities alone. The experienced copyright infringement attorneys at Emerson Thomson Bennett can provide you with the guidance and support you need to act against the infringers. Schedule your consultation today.