A copyright is an intellectual property protection that reserves certain rights for the creators of original works. For example, if someone has the copyright for a book they wrote, they would typically be the only one with the right to sell or market the material in the book. Someone can't copy the book's contents, change them only slightly, and then attempt to sell their “new book,” which essentially consists of work stolen from another author.
Have you been accused of copyright infringement in New Jersey? If so, a lawyer can play a major role in your case's outcome. You simply need to be certain you're hiring legal professionals with the experience and qualifications necessary to handle a case like yours.
That's exactly what you'll find at the Lento Law Firm Criminal Defense Team. We're here to provide a dedicated defense if you're facing copyright infringement charges in New Jersey. Learn more about what our white-collar crime defense lawyers can do for you by submitting your information through our online form or by calling our offices today at 888-535-3686.
Federal Copyright Infringement Laws
Under the primary federal law regarding copyright infringement, the crime of copyright infringement occurs when a case involves the following elements:
- A valid copyright for a work exists
- The defendant infringed on the copyright
- The defendant engaged in said infringement willfully
- The defendant engaged in infringement for personal/private financial gain or commercial advantage
The statute also indicates that merely attempting to infringe on a copyright is the same as successfully doing so in the eyes of the law. Additionally, in some circumstances, defendants may be prosecuted under a separate law that could apply in cases involving criminal conspiracies.
Various factors can influence the penalties someone may face if they're convicted of violating federal copyright law. For example, the court may treat an offense as a felony if the crime “consists of the reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, with a retail value of more than $2,500.” In these circumstances, the potential penalties for a copyright infringement conviction are:
- Up to five years imprisonment
- A fine of up to $250,000
- Both
Various civil remedies are also available to those whose works are allegedly stolen when someone commits copyright infringement. For example, someone may file a civil injunction requiring the defendant to cease the illegal activities. In some cases, a defendant may be required to pay damages to a plaintiff.
One of the best ways to understand the potential penalties and consequences you may face when accused of copyright infringement is to review the matter with a legal professional. At the Lento Law Firm, a member of our Criminal Defense Team will answer your questions and explain how we can help when you face copyright infringement charges.
New Jersey's Copyright Infringement Laws
Federal law indicates that states essentially can't create their own copyright laws that would in any way conflict with federal law. The federal statute preempts state laws in these cases.
However, New Jersey does have some related state laws that could apply in a copyright infringement case. Consider the following:
- Trade secret law: New Jersey has a law specifically prohibiting the misappropriation of trade secrets. Although misappropriating trade secrets doesn't technically qualify as copyright infringement, there can be overlap between the two. Thus, a copyright infringement case could theoretically involve accusations of misappropriation of trade secrets as well.
- Consumer fraud: Under the New Jersey Consumer Fraud Act, it's possible to convict a defendant for an act that may involve a copyright violation if said violation in any way also involves defrauding the public. For example, a company might engage in a copyright violation while attempting to market a stolen product or idea as its own.
Our Criminal Defense Team at the Lento Law Firm thoroughly understands the laws that may apply to your case. We'll review the matter and determine the proper legal strategy based on your case's unique details.
Examples of Copyright Infringement
Reviewing some basic examples of copyright infringement can help you understand what this offense may consist of:
- Sampling a piece of copyrighted music and using it in your own music can be a form of copyright infringement, particularly if you sold your music or, in another such way, gained from it commercially.
- Perhaps you have a side business that involves designing and selling apparel, book covers, or any other such graphic-based product. You could face copyright infringement charges if your designs include any copyrighted images, characters, etc. Even if you modify a copyrighted image, you may still be engaging in a violation of the law.
- Downloading music or movies illegally without paying for them is a form of copyright infringement.
- Naturally, plagiarizing a book, screenplay, or other such work is a form of copyright infringement. However, some may not realize that copyright infringement can also occur if an otherwise “original” work borrows a large number of original ideas from another work.
Copyright law is nuanced. The above examples don't represent all the reasons someone may face charges for this crime. Regardless of the specific nature of the alleged infringement, if you've been accused of a copyright violation, taking action to protect yourself fast is important.
Potential Defenses in a New Jersey Copyright Infringement Case
Although we tailor our defense strategies to the specific needs of our clients, reviewing some general defense strategies we might use in a copyright infringement case could help you better appreciate how our attorneys may assist you. Ways we may defend a client accused of copyright infringement include:
- Fair use applies: There are many situations in which it may be appropriate to use a copyrighted work under the ever-evolving “Fair Use doctrine.” For example, the law offers protections for the use of copyrighted works for certain educational purposes and/or in educational settings. We can review how you allegedly used a copyrighted work to determine if the Fair Use doctrine applies.
- No substantial similarity: A common proof or form of evidence used to show that copyright infringement occurred is the substantial similarity test. The purpose of this test is to show that the work a defendant has created, marketed, etc., bears enough of a “substantial similarity” to a copyrighted work to qualify as a form of copyright infringement. As such, one of the most common defenses in a copyright infringement case involves arguing that there isn't enough of a substantial similarity between the two works to convict a defendant.
- The work isn't original: If a defendant is accused of copyright infringement, but the work they allegedly recreated, stole, copied, etc., wasn't an original work, this is a factor that can play a role in their defense. For example, a defendant might potentially avoid a conviction if they're facing charges for copying a work that in itself was already a compilation of other works or was in another such way lacking in genuine originality.
- A defendant secured a copyright licensing agreement: There are instances when it's legal to use copyrighted works even when the Fair Use doctrine doesn't apply. For example, someone can secure a licensing agreement to use a copyrighted work. We may defend a client by showing they secured such an agreement or its equivalent.
- Work was created independently: Did you know that the same day the Dennis the Menace comic strip made its debut in the U.S., a comic strip by the same name (and featuring a relatively similar protagonist) debuted in the U.K.? This is a case of parallel thinking, in which two creators happen to have similar ideas independently of one another. It's relevant here because it serves as an example of how we may challenge accusations of copyright infringement. Even if the two works are substantially similar, we may be able to provide evidence showing a defendant genuinely created theirs independently, without even knowing of the other work they allegedly “ripped off.”
- A defendant didn't seek financial gain: In some instances, the fact that someone copied or was inspired by an original piece of work doesn't necessarily mean they engaged in illegal copyright infringement. For example, maybe someone is facing charges because they authored a work of fan fiction based on popular characters another author created. In this scenario, a potential defense could involve showing that the defendant didn't seek to profit from their creation.
Once more, these are only general examples. One, two, or none of them may apply to your case. We'll take the time to review the details and determine the proper approach based on your circumstances.
Contact the Lento Law Firm for Help With a Copyright Infringement Case in New Jersey
An accusation of copyright infringement can have significant implications for your future, your freedom, and your wallet. A conviction could also hobble or even end your company if you engaged in copyright infringement as a representative of a business you own.
Luckily, there are many potential ways to defend against such charges. At the Lento Law Firm Criminal Defense Team, we'll determine the ideal way to handle your case after reviewing the matter and answering your questions. Get started today by calling our offices at 888-535-3686 or contacting us through our online form today.
