Copyright infringement is the copying, distributing, or displaying of an original work without the owner's permission. A copyright owner has exclusive rights to reproduce, adapt, publish, perform, and display their work. The legal foundation is the U.S. Copyright Act, updated significantly by the Sonny Bono Copyright Term Extension Act and the Digital Millennium Copyright Act (DMCA) in 1998. Learn about securing copyright protection or contact TCP Law to evaluate an infringement situation.

A copyright infringement claim requires proving two elements: ownership of a valid copyright in an original work, and actionable copying of the original elements of that work. Actionable copying is demonstrated by showing the infringer had access to the original work and that the accused work is substantially similar — which may be established through a side-by-side comparison. Contact TCP Law to evaluate the strength of your infringement claim.

Actual damages include lost profits and the infringer's additional profits attributable to the infringement — but must be proven in court, which can be difficult. Statutory damages are an alternative: between $750 and $30,000 per infringed work, up to $150,000 for willful infringement, without needing to prove actual losses. To qualify, the work must be registered before infringement or within three months of publication. Learn about securing copyright protection and book a consultation.

This is the most consequential timing decision in copyright strategy. To qualify for statutory damages — up to $150,000 per work for willful infringement — your copyright must be registered either before infringement begins or within three months of first publication. Missing this window limits you to actual damages, which are harder to prove. Early registration is the single most important step in copyright protection. Contact TCP Law to build your registration strategy now.

Fair use is a legal defense permitting certain uses of copyrighted works without permission. Recognized uses include criticism, comment, news reporting, teaching, scholarship, and research. However, fair use is not a blanket permission — it is evaluated case by case using four statutory factors. Read about the copyright appeal in Morford v. Cattelan for a real-world fair use analysis, or contact TCP Law before relying on fair use as a defense.

Fair use is evaluated by weighing four factors: the purpose and character of the use (particularly whether it is transformative); the nature of the copyrighted work; the amount and substantiality of the portion used; and the effect on the potential market and value of the original work. No single factor is decisive — courts weigh all four together. Read about AI training and fair use for a recent application, or contact TCP Law for case-specific advice.

Three primary defenses exist: fair use — permitted use without authorization based on a multi-factor analysis; independent creation — proving the work was created without any copying of the plaintiff's work; and the statute of limitations — a copyright infringement suit must be filed within three years of when the owner knew or should have known of the infringement. Contact TCP Law to evaluate available defenses or assess your exposure if you've received a cease and desist letter.

Substantial similarity is the second component of actionable copying — showing that the accused work reproduces protected creative expression from the original, not merely its underlying ideas or facts. It may be established through a side-by-side comparison of the two works. The standard does not require an exact copy — reproducing the overall structure, sequence, or distinctive creative expression can satisfy it. Contact TCP Law to assess whether the substantial similarity threshold is met in your matter.

The DMCA establishes a notice-and-takedown system allowing copyright owners to request removal of infringing content from online platforms. Properly submitted notices to platforms like YouTube, Amazon, and Instagram can result in content removal within days. DMCA takedowns work most effectively when the work is formally registered with the Copyright Office, which strengthens your position if the infringer files a counter-notice. Learn about copyright enforcement or contact TCP Law to take action.

Yes — non-commercial purpose and educational context are relevant considerations but neither automatically qualifies a use as fair use. All four statutory factors must be weighed together. A non-commercial educational use that reproduces an entire work and substitutes for the market for the original is unlikely to qualify. Read about AI training on books and fair use for a recent example, and contact TCP Law before relying on this assumption.