Tag Archives: Copyright Infringement

What Are the Basic Elements in a Copyright Infringement Claim?

Although each copyright infringement case will have some unique factors, there are some common elements for most cases. All copyright law is governed by Federal Law. Accordingly, all state law statutes creating rights in original works, such as books, sculpture, photographs, music are not pre-empted by Federal Law. Copyright law does not however supplement other Federal protection for securing comparable rights. For example, a design patent is still available to protect ornamental feature of a structure. Similarly, unique, non-functional features of a product, which are distinctive and identify/associate the creator of the product with the product, are also protectable under both State and Federal laws precluding unfair competition. Copyright law can be summarized as an “anti-plagiarism” statute. It prohibits duplication... Read More