The Dangers of Copyright Infringement: Even Without Knowing the Law

Content creation and sharing are fundamental activities on the internet, but these come with legal obligations. Understanding the boundaries of copyright infringement is essential, especially when one might think they lack knowledge of the law. This article explores how it is indeed possible to get in trouble for copyright infringement, even without realizing that what one was doing was against the law.

Common Law Copyright and Registration

Any work of creation, regardless of whether it has been registered, is automatically copyrighted. The moment an original work is recorded on a physical medium, it receives a common law copyright. In the United States, a work does not need to be registered with the U.S. Copyright Office to be protected by copyright. However, registration does afford additional legal protections such as the ability to sue for copyright infringement and recover statutory damages.

Even if you are not aware of the copyright status of a work, you are presumed to have notice if the work is registered in the U.S. Copyright Office. Similarly, all laws on the books, including copyright laws, are presumed to be known to the public. This means that even if you were not aware of copyright infringement, you are still liable if you are found to have violated someone's copyright.

Consequences of Innocent Infringement

While an "innocent" infringer (someone without knowledge of the copyright) may only be liable for statutory damages, this does not absolve them of liability. The key here is awareness. You should always assume that any work you are not creating yourself is copyrighted. This is because a common law copyright exists as soon as a work is recorded on a physical medium.

Using a copyrighted image without permission, even if you obtained it through a search engine like Google, can lead to legal trouble. It is advisable to either create the image yourself, pay for a licensed image from a stock photo site, or purchase the image from a reliable source. Ignorance of the fact that a work is copyrighted is no defense in a court of law.

Cases of Ignorance

Consider a scenario where someone mistakenly takes someone else's wallet, claiming they did not know it belonged to someone else. Similarly, when it comes to copyrighted material, the rule is clear: if the work was created in the last 30 years, the creator automatically holds the copyright unless there are specific circumstances that would have prevented the other party from knowing who held the copyright.

The U.S. joined the Berne Convention copyright treaty in the mid-1980s, which mandated automatic copyright protection for works fixed in a tangible medium of expression. This means that virtually all works created since 1979 are automatically protected by copyright law, without the need for an explicit notice or registration.

Conclusion

Understanding and adhering to copyright laws is crucial in today's digital age. It is never advisable to assume that a work is not copyrighted, especially if it has been created in the last 30 years. Being aware of these legal protections can prevent costly mistakes and unwanted legal complications. Always take steps to secure the proper usage rights for any content you use or share.