Copyright Infringement

What kinds of uses of a work may result in liability for infringement

Can I make a derivative work that is based on a public domain work without incurring liability for infringement?

Yes, you can make a derivative work that is based on a public domain work without incurring liability for copyright infringement. Making a derivative work based on a public domain work is not infringement. Public domain works are not protected by copyright, so there is nothing to infringe.

Can I make a derivative work that is based on a public domain work without incurring liability for infringement? Read More »

Is copying, distributing, publicly performing, or publicly displaying a public domain work infringement?

No. Copyright infringement can occur only if copyright protection exists. A public domain work is not protected by copyright, so there is nothing to infringe. Therefore, copying, distributing, performing, or displaying a public domain work is not copyright infringement. Copying, distributing, performing or displaying a work that is a modification or a compilation of a

Is copying, distributing, publicly performing, or publicly displaying a public domain work infringement? Read More »

Could linking to infringing content get me into trouble?

Yes, linking to infringing content could put you at risk of contributory liability for facilitating infringement, but if a website owner or other online service provider complies with DMCA requirements, it provides a safe harbor from contributory liability for facilitating access to infringing content. To qualify for this safe harbor, the website owner or other

Could linking to infringing content get me into trouble? Read More »

What are the most effective ways to avoid copyright infringement liability?

The best way to avoid copyright infringement liability is to focus on creating original work rather than copying other people’s works. If a decision is made to use another person’s work, the most effective way to avoid infringement liability is to secure written permission from the copyright owner. In terms of secondary liability, compliance with

What are the most effective ways to avoid copyright infringement liability? Read More »