You created something original, maybe a design, photo, song, or piece of software, and now you have found it copied by someone else without your permission. That moment can feel very frustrating, especially when the other person is benefiting from your work. This is precisely why the U.S. copyright law exists. It ensures that creators and their work are protected. To enforce your rights, you must prove copyright infringement using specific legal elements that the courts analyze.

What is Copyright Infringement?

Copyright infringement happens when someone violates one of the exclusive rights granted to a copyright owner. These rights include the ability to reproduce the work, create derivative works, distribute copies, or publicly perform or display it. When someone does any of these without the copyright owner’s permission, and no legal exception applies, it may qualify as infringement.

To succeed in a copyright infringement claim under U.S. law, you must prove two key elements:

Element #1: Ownership of a Valid Copyright

First, you must show that you own a valid copyright in the work. Copyright protection applies to original works of authorship that are fixed in a tangible medium. This may include books, videos, music, photos, artwork, architectural designs, and software.

Originality is a lesser threshold whereby the work only needs to be independently created and has some amount of creativity. However, facts, ideas, and concepts are not protected; just the creative expression of these is.

Fixation means that the work must be captured in a tangible form, like a written document, a digital file, or an image. An idea alone, without being recorded, does not have copyright protection.

Copyright ownership usually belongs to the creator, unless it has been transferred through a written agreement or created as a work for hire. To own a copyright, you do not have to register with the U.S. Copyright Office. However, having it creates a legal presumption of validity and can be especially critical when bringing a lawsuit.

Element #2: Copying of Protected Expression

Next, you must prove that the defendant copied original elements of your work without permission. In most cases, you may have to rely on circumstantial evidence, as direct evidence, like an admission, is rare.

The court will look at two key things here: access and substantial similarity. Access means that the defendant had a reasonable opportunity to encounter your work. Substantial similarity, on the other hand, focuses on whether the defendant copied protected expression, not just general ideas. It is worth noting that similarity alone isn’t enough. If the defendant created a similar work without copying yours, there may not be infringement even if the works look eerily identical.

Common Defenses to Copyright Infringement

Defendants often raise fair use as a defense for copyright infringement. When evaluating fair use, courts typically weigh factors such as the purpose of use, the nature of the work, how much was used, and whether the use harms the market for the original. Another common defense is independent creation. To strengthen an infringement claim and improve the chances of success, it is best to work with an experienced attorney.

Contact the Internet Law and Copyright Law Attorneys at Revision Legal

For more information, contact the experienced Internet Law and Copyright Law Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.