If you have been convicted of an infringement of a copyright, it may have been unintentional and it is likely that you are feeling stressed at the thought of the legal proceedings that may occur as a result. The good news is that although there are many protections in place for copyrights and other forms of intellectual property, there are also a wide range of defenses that an accused person can claim.
This blog will provide a brief overview of the most common defenses that can be used when a person has been accused of copyright infringement.
The copyright is invalid
An experienced lawyer can look into the details of a copyright for you and spot flaws such as the validity of the copyright that was in place. If the copyright is invalid, then the accusation is also invalid.
You created the work independentlyYou can claim that you did not copy the work, and that everything was created independently -- therefore any resemblance is pure coincidence. However, this is very difficult to prove.
You received permission
If you were granted permission from the copyright holder and you have proof of this, then the claim that you infringed the copyright is invalid.
The copyright was abandoned
If there is proof of the intent to abandon the copyright, then this can count as a valid defense.
If you have been accused of copyright infringement, then an attorney can delve into the details of your particular case. Intellectual property law is complex and requires the assistance of an experienced lawyer.
Source: uncle.edu, "Copyright infringement defenses," accessed Sep. 29, 2017