What Is Copyright Infringement?

Copyright laws are constantly changing. Knowing exactly what copyright infringement is, whether you're creating an eBook, publishing articles, using music as a backtrack to your podcast, is important. Although copyright laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you're following the proper rules of engagement when you create your works. Before you make any final decisions regarding the use of a work that has been copyrighted, always contact a copyright attorney to ensure you're following the law -- this will keep you from being sued or, even worse, punished in a court of law.

What is Copyright Infringement?

Copyright infringement, as defined by Wikipedia.org, states: "Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material."

So, what is copyright infringement in plain English? It means if you're not allowed to use something, then don't use it -- plain and simple. It can be very simple to get permission to use a work -- many times you'll be able to use a "sample" of music or an excerpt of writing for a nominal fee, or a small attribution. However, if you do not have the permission of the copyright holder -- whether it's an author or a publishing house -- you can be sued for copyright infringement or worse.

What is Copyright Infringement in America?

In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong -- not a criminal wrong). This means the person who infringes the copyright -- whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant -- they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith.

What is Copyright Infringement in Action?

Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing -- such as in music, when the inspiration of one song is used to create an entirely different song -- it's difficult to see where the new product or "thing" has crossed the line to something illegal. Some works aren't even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we've seen a number of copyright infringement cases in recent years, especially in tandem with the music industry.

As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure you're using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein), you'll be safe. Do your fair share of research. Download my free e-book, "Copyright Basics," at www.ResearchCopyright.com to learn more about how to avoid copyright infringement.


What Is Copyright Music Infringement?

In recent years, copyright infringement of music has seen an unprecedented leap in scope and scale. This is largely due to online services that allow unchecked file sharing among their subscribers. While this abuse of copyright is not only limited to music, this is where we observe the most profound effects of file sharing.

Industry giants of file sharing are emerging quickly with the demise of the pioneer for illicit file sharing, Napster. The Recording Industry Association of America (or RIAA) has made copyright music infringement their primary focus. They estimate that peer-to-peer file sharing steals 4.2 billion dollars worldwide each year from the coffers of the music industry. These estimates, however, assume people would buy every piece of music they downloaded.

The RIAA has argued that new and struggling bands are less likely to continue making music because it will no longer be profitable. The bulk of musicians' incomes result in royalties, which depend entirely on the sales of their albums.

The RIAA also argues that people burning music to CDs (which they have bought) does not constitute fair use because CDs are not "unusually subject to damage"; if they do become damaged they can be replaced affordably. This assertion has raised more than a few eyebrows and is giving rise to opponents of the RIAA who claim the lawsuits and crackdowns against those presumed guilty of copyright music infringement are actually hurting music sales and the profits of the music industry.

During the height of Napster popularity (the hallmark by which all file sharing seems to be compared) CD sales were at their highest rate ever. People were exposed to music and music groups which they otherwise may not have heard without file sharing. As a result of enjoying the music by these music groups, people bought the CDs of the music they enjoyed. It's ironic that the very lawsuits designed to stop copyright music infringement have actually managed to stifle file sharing enough that CD sales are dropping noticeably around the world.

Opponents and critics also challenge that rather than being a source of copyright music infringement, peer 2 peer networks offer unprecedented exposure for new artists and their music. Another argument against the RIAA is that the reason for the lawsuits against file sharers is because they want to keep the prices for CDs over inflated while keeping the actual royalties coming to the artists relatively low. The copyright music infringement claims made by the RIAA have become suspect.

The music industry is currently working on ways where fans can legally download music. This will mean that music fans have access to the music they love from their PCs and directly to their music playing devices without resorting to illegal copyright music infringement. The truth is most people want to do the right thing and will do so if given an alternate, easy solution.