Hey Biz Talkers! Now that we are in an age where created works can be anywhere in the world by one click, and AI can produce content within seconds of us asking Chat GPT to do it for us, understanding how to navigate the area of copyright infringement is more important than ever.

So what exactly is copyright infringement? Well, to put it simply, copyright infringement occurs when someone exploits an original work that someone else previously created without their consent. That could involve distributing, publicly displaying, copying, modifying, or distributing any copyrighted material in violation of the rights of the copyright owner.

Now that we know what copyright infringement is, I have to say a quick word about what copyright infringement isn’t.

Copyright infringement isn’t seeing a created work (a song, a movie, a book, a TV show, etc) and saying to yourself “Hey, I had the same idea, so they must have stole that from me, so I’m going to sue their pants off.”

You see, at the end of the day, the meat of copyright infringement issues is not having a similar or even the same idea for a work that is created. But rather, it is how the idea is expressed that gives birth to the copyright in the created work as well as clarifying whether the expression of that created work constitutes a copyright infringement.

Here’s a simple example. You and me could both have an idea to make a movie about space. When we both finish making our movies, one comes out as Star Wars, and the other comes out as Star Trek. In this case, neither one of us can bring a lawsuit against the other for stealing the idea for a space movie. Even though the idea for the movie was the same, the EXPRESSION (different characters with different personalities and life stories in a different galaxy with different friends and enemies) makes each movie uniquely original, and therefore qualifies each movie for it’s own separate motion picture copyright.

So, how is a created work actually infringed upon (stolen) under Section 106 of the copyright law?

1. The infringing party (the thief) has copied the original work by gaining “access” to the original work either by it being publicly displayed or widely distributed, with the infringing work having more than a coincidental resemblance to the original work & 2. The infringing work is “substantially similar” (not just similar) to the original work in a way that is more than minimal. Believe it or not, this applies to even a few notes of original music as it is the quality not the quantity of material exploited that is most significant to establishing copyright infringement in this case.

Next time we’ll talk about the legal remedies (the penalties) that can be imposed if a copyright infringement of a created work occurs. But for now, thou shalt not steal? Bottom line- Don’t copy someone elses original work and distribute it without asking first and you’ll be okay!