What Is Infringement?

The copyright symbol.

Infringement is a term used in intellectual property law to describe a violation of intellectual property rights. Infringement typically involves copying or using the intellectual property of another party without permission.

Purpose

The purpose of intellectual property law is to protect creations such as works of art, new designs and company brands or logos from being used by people who didn't create them. Intellectual property laws help to prevent and prosecute those who participate in infringement.

Types

The main types of intellectual property that can be infringed upon are copyrights, patents and trademarks.

Effects

Infringement can harm the owners of intellectual property; for instance, the copying and distribution of music or software, without the creator's permission, could reduce sales of the copyright holder's product.

Identification

Identifying small infringements of intellectual property can be difficult. For example, the question of whether one song's melody sounds too similar to the melody another song may be a matter of opinion. Therefore, prosecuting perpetrators of small infringements may not be practical. (But it does happen. See link to "Bright Tunes Music v. Harrisongs Music" in Resources.)

Considerations

Authors of original works are granted a copyright simply by creating the work, but registering the copyright with the U.S. copyright office can make it easier to defend against infringement in court.

References

• SPA.org: Glossary of Anti-Piracy and Copyright Terms
• U.S. Copyright Office: Definitions

Resources

• Bright Tunes Music v. Harrisongs Music