Under New York intellectual property laws, infringement is the unauthorized use of protected materials. Typically, infringement refers to copyright infringement, which occurs when artistic works, literary, or music works are used without the creator’s permission.
Infringement, however, may also involve other categories under intellectual property law, such as patents and trademarks. Recently, domain name infringement has also become a common legal dispute.
To prove infringement, a plaintiff must often show there is a valid trademark, copyright, or patent in place. It may also require evidence that shows that the defendant used an artistic work, invention, or material without notifying the individual who had ownership rights.
A New York lawyer can provide an individual with more information about infringement in the State of New York, how to protect their works, who to avoid infringing on protected works, and what steps to take if a dispute does arise.
What Is Copyright Infringement in New York?
In New York, copyrights are legal rights that are created in works of authors. Copyrights provide authors of new and creative works with exclusive publication, distribution, and usage rights for their works.
A copyright prevents others from using an author’s initially authored work without having their permission. Pursuant to federal copyright laws, a copyright provides an author with numerous exclusive rights, including the right to reproduce the work as desired, distribute copies of the work to the public for sale, and perform the work as desired.
Specific examples of works that are copyrightable may include, but may not be limited to:
- Books
- Poems
- Choreography
- Sculptures
- Software
- Broadcasts
- Song lyrics, musical compositions, and sound recordings
- Plays, motion pictures, and scripts
- Paintings and drawings
- Websites and online content
Along with the rights that were discussed above, other examples of copyrights and common copyright infringements include:
Infringement of the Right of Reproduction
A copyright owner has the exclusive right to reproduce their work in any type of fixed form. If an individual reproduces the work by copying and selling it, that constitutes infringing on the owner’s right of reproduction.
Infringement of the Right of Public Display
A copyright owner has the right to show their work publicly, including publishing the work online. If another individual publishes the work online without having permission, it is considered infringing on the owner’s right to public display.
Infringement of the Right of Public Performance
If an individual performed an original protected song publicly without consent from the original owner, that act would constitute infringement on the owner’s right of public performance.
Infringement of the Right of Distribution
A copyright owner has the right to distribute their original work. If another individual sold unlicensed copies of the original work without permission, such as by distributing copies of a famous song for profit without permission, it would infringe on the owner’s right of distribution.
Infringement of the Right to Derivative Works
A copyright owner can modify their original work or create a new work that is based on their older work. If another individual creates a derivative work without having the original owner’s permission, it is considered infringement of the right to derivative works. A common example is creating a movie based on a book without having permission from the book’s author.
Penalties for Copyright Infringement in New York?
If an individual engages in copyright infringement in New York State, they may face both criminal and civil penalties. The criminal penalties an individual may face are governed by federal law and include:
- First Offense Felony: Up to five years in prison and up to $250,000 in criminal fines
- This charge is for distribution of at least 10 copies that have a retail value over $2,500 in a 180 day period
- Subsequent Offense Felony: Up to 10 years in prison and up to $250,000 in criminal fines
- Misdemeanor: Up to one year in prison and up to $100,000 in criminal fines
If an individual faces a civil lawsuit, there are a variety of penalties they can be subject to, including:
- Compensatory Damages: These are damages the offending party pays to the copyright owners to compensate them for their losses.
- Statutory Damages: These may be $750 to $30,000 per work, which can increase up to $150,000 if the infringement was willful.
- Actual Damages or Profits: The owner of the copyright may recover their lost profits as well as any profits the infringer obtained.
- Attorney’s fees: A court may award reasonable attorney’s fees to the prevailing party.
- Injunctive relief: A court may issue an order that requires the infringing party to stop all infringing activities.
- Destruction or Seizure: The infringing materials may be seized and destroyed.
It is important to be aware that civil copyright infringement lawsuits may result in a combination of the possible consequences listed above. If an individual is involved in any type of dispute involving infringement in New York, they should schedule a New York lawyer consultation.
What Are Royalty Disputes? Are These the Same as Infringement?
A royalty dispute is related to royalties, which are small fees paid by an individual each time they use someone else’s copyrighted material. These disputes can arise in relation to copyrighted materials.
A common example is record companies that pay music royalties to a musician whenever their song is played on the radio. Royalty arrangements typically imply that there is an existing contract between the parties.
If there is a dispute, it often involves a party failing to pay royalty fees or a dispute arising over those fees. A defendant, however, will often have permission to use the material involved.
Infringement cases, on the other hand, often involve situations in which a defendant does not have permission to use copyrighted or trademarked material. In other words, infringement cases usually involve unauthorized use of protected materials, where royalty disputes often involve breach of contract issues.
Some cases, however, may involve both infringement issues and royalty disputes.
Legal Defenses to Infringement in New York?
Depending on the facts of a New York case, there may be legal defenses available to infringement. One of the most common is consent.
With this defense, the defendant argues the plaintiff gave permission for the use of the material. This can be an effective defense, especially if the defendant paid to use the work.
Another possible defense is that the copyright, patent, or trademark is expired. These types of protections do expire over time, and the plaintiff may not be aware of the expiration.
What Is a Trademark Under New York? Law?
In New York, a trademark is a symbol, logo, phrase, or work that identifies a product, source, merchant, or manufacturer. These are usually used to distinguish products and manufacturers from one another. A New York lawyer can help an individual establish a trademark to protect their business or product in the state.
Common Types of Trademarks
There are several different common types of trademarks, including:
- Service Marks: These promote a particular type of service
- Trade Dress: This is often a special type of packaging
- Collective Marks: These are symbols, words, or phrases that identify groups, organizations, or associations and the products, services, or members of the groups
- Certification Marks: These are used to guarantee the quality of another’s service or product
Should I Hire a New York Intellectual Property Lawyer?
If you have any type of question, concern, or issue related to infringement in New York, it is essential to consult with a New York intellectual property lawyer. Infringement issues can be complex and involve numerous issues, which your lawyer can help you understand and advise you on the best steps to take.
Use LegalMatch’s free lawyer-client matching services today in just a short amount of time to find a New York intellectual property attorney near you who is ready to get started helping you with your concern or dispute.
