- within Intellectual Property topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
- in Australia
- with readers working within the Basic Industries, Business & Consumer Services and Media & Information industries
In the United States, an original work of authorship, for example, an image, a book, and/or a musical composition, is protected by copyrights. The protection occurs as soon as the work is "fixed in a tangible medium of expression." Under copyright laws only the owner of the copyright work has the right to reproduce, distribute, and modify the work. Therefore, someone copying the work without authorization is at risk of infringing the copyright owner's copyrights.
An interesting aspect of the United States copyright laws is that copyrighted works are not required to be marked with a copyright notice. As such, the public is often unaware that copying a work, for example, an image on the internet, can constitute copyright infringement. A common misconception is content found online is "free to use" unless a copyright notice or attribution requirement appears. This has left many people vulnerable to a copyright owner who discovers the infringement.
Copyright infringement can be extremely costly for infringers. In the case of a registered work, a copyright infringer can be on the hook for damages ranging from $750 - $30,000 for each act of infringement. In cases involving willful copyright infringement, statutory damages may increase to as much as $150,000 per work. In addition, courts routinely award attorney fees to a prevailing party if the infringement is litigated and the work was registered at the time of infringement. These fees can range from thousands to millions of dollars.
In view of the above, it is strongly recommended to never copy and repost an image from the internet unless it is clear that doing so is not a violation of the image owner's copyrights. If you receive a cease and desist letter you should settle this matter as quickly as possible or at a minimum address the matter promptly, noting that most copyright owners settle for far less than they ask for. Of course, there is no substitute for good legal advice. Thus, if you receive a cease and desist letter or other copyright infringement notice, it is highly recommended you consult an intellectual property attorney before dealing with the copyright owner.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
