The Copyright Controversy: How to Avoid Infringement
Copyright infringement is always a hot topic in the music industry and one that's been of particular interest lately due to a recent cease and desist letter sent out by Dr. Dre’s attorneys to Marjorie Taylor Greene, a U.S. Representative for the 14th District of Georgia. The six-time Grammy Award winner and certified legend, Andre Young, better known as Dr. Dre is not here for Marjorie Taylor Greene using his music to “promote… divisive and hateful political agenda”. The cease and desist outlined a time of 5 p.m. on January 11, 2023, for Taylor Greene to respond, in writing, that she has complied with the demands to cease and desist from any further unauthorized use of Dr. Dre’s music.
This raises the question: What is copyright infringement and how can we protect ourselves against it?
What is a copyright?
A common law copyright exists when you create an original, creative work of expression. More simply put, what you create in your mind and bring into existence is your intellectual property as soon as it is physically created. Of course, there are exceptions to this ownership, like when you create something on behalf of your employer and there is an agreement of assignability or a work-for-hire agreement in place.
What is infringement and how do I protect myself?
Infringement boils down to any unauthorized use of an original work that you didn’t create, do not have legal ownership of, or did not seek permission to use. As a content user, the best practice is to avoid using anything that you didn’t create yourself unless you have sufficient grounds to claim a defense- if it ever got to that point. It is always a good idea to get express written permission from the creator (this includes licenses granted through agreements such as contracts and terms and conditions). As a content creator, it is the best practice to federally register your work. This tip comes with the caveat that if you are constantly creating, there should be some rhyme or reason to what you are willing to sue over and what you aren’t.
What can I do if my copyright is infringed on?
If you have a registered federal copyright, you have the right to:
Ask your attorney to draft a cease-and-desist letter, as discussed above;
Pursue injunctive relief in federal court; and
Demand a trial on the merits of your claim.
It’s important to note that if the infringement is digital, reach out to your attorney ASAP to proceed with a takedown request, minimizing the harm to you, your brand, and your specific original work.
When can copyrighted work be used without the owner’s permission?
Copyrighted work can be used pursuant to the legal doctrine of fair use. This is when a certain level of “infringement” can be excused because the work is being used for educational purposes or to criticize. It’s important to note that this is a defense and not a right, so tread lightly.
If your business is in need of a cease and desist letter or a digital takedown, to stop infringers from using your copyright without permission, contact us today to schedule a consultation.
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Image Sources:
Dr. Dre / Jason Persse, CC BY-SA 2.0 - wikimedia.org
