Catalog, ecommerce, and retail brand companies go to great lengths to protect their creations. The laws of the United States provide protection to creators of “original works of authorship.” In the direct marketing and consumer brand world, copyright protection is available for the owners of design patterns that are typically found on apparel, bedding, home furnishings, and other textiles. The copyright laws also extend to the expression of original business ideas in the form of books, manuals, or other publications. Copyright owners routinely protect and enforce their rights to these works so as to prevent competitors from copying them.

Know Your Copyright Infringement Rights

The failure to comply with copyrights law may, if not corrected, result in a court order to destroy all infringing products and materials, as well as expose the infringer to monetary damages and payment of the copyright owner’s attorney’s fees. Needless to say, such a court order could be devastating to a business.

Copyright law is federal in nature, so federal courts have exclusive jurisdiction over copyright infringement cases. In determining whether an alleged infringer may be liable for copyright infringement, the courts look to some of the following factors:

• whether the senior owner’s work was published
• whether the alleged infringer had access to the copyright owner’s work
• if the two works are substantially similar to one another

Not all use of copyrighted materials constitutes copyright infringement. Under U.S. copyright law, one exception is what is known as copyright fair use. Elements considered in finding whether there is a fair use of copyright include:

• the purpose and character of the use;
• the nature of the copyrighted work;
• the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• the effect of the use upon the potential market or value of the copyrighted
• work.

Multichannel retailers and other brand owners that are in the business of manufacturing and selling proprietary products and services should speak with a knowledgeable copyright infringement attorney as part of their overall risk mitigation strategy.

Call Us to Discuss Your Copyright Infringement Claim

Merchants Counsel represents clients in copyright infringement actions to protect and enforce valuable copyright protection rights. To schedule a free, complimentary telephone appointment to discuss a copyright infringement matter, please call Merchants Counsel at (203) 244-4264 or toll free at (800) 865-2901.