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  • Writer's pictureBrandia LLC

Proving Copyright Infringement

Is someone using your copyright and you have not been compensated for it? Maybe it is time that you are. The burden of proof is on you as the plaintiff. Infringement occurs when one of these exclusive rights are violated: the right to REPRODUCE or make copies of a work of authorship; the right to DISPLAY it to the public, such as a painting or posting a work on a website; the right to make DERIVATIVE WORKS such as making changes to the work; right to DISTRIBUTE copies in any form; and, PUBLIC PERFORMANCE such as music, films , etc.

What if the infringement was not recorded? You will need to prove the defendant had access to the work (e.g., if the work was published access is presumed). Otherwise, prove “substantial similarity”, i.e., that it is evident that the ordinary viewer or reader finds substantial similarity of both works, excluding any other alternatives possible.

Copyrights can be somewhat abstract. If your works have been infringed then consider being compensated for it. Give us a call to discuss.



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