What You Need to Know About Selling Copyrighted Goods

If your business sells Copyrighted Goods to customers without permission from the copyright holder, you may be held liable for copyright infringement. This means the copyright holder may take legal action against you and seek damages. In some cases, criminal penalties may also apply. Copyright infringement is a serious offense with severe consequences. 

The U.S. Copyright Act of 1970 is a federal law that grants authors, composers, and other creators exclusive rights to their creative works. The Act sets out the scope of copyright protection and establishes the Copyright Office to register copyrights and provide information about copyrights. Under the Act, copyright protection is extended to literary works, musical works, dramatic works, pantomimes and choreographic works, pictorial, graphic, and sculptural works, motion pictures, sound recordings, and architectural works.

Copyright infringement is a strict liability legal standard, which means that you reman liable even though you did not intend to commit copyright infringement. This means that unintentional infringement is still infringement. 

Factors Used to Determine a Violation of the U.S. Copyright Act | Copyrighted Goods

1. Was the infringement intentional infringement? Intentional infringement involves copying a copyrighted work without the permission of the copyright holder. 

2. The amount and substantiality of the portion used: This factor looks at how much of the copyrighted work was used and the significance of that portion to the copyrighted work as a whole. 

3. The effect of the use upon the potential market for or value of the copyrighted work: This factor looks at the impact of the use of the copyrighted work on the potential market for or value of the copyrighted work. 

4. Fair use: Fair use is a legal doctrine that allows for the use of copyrighted works without permission from the copyright holder. The four factors of fair use are: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work.

It is important to understand the law and obtain permission from the copyright holder before selling any copyrighted products. When selling copyrighted products, you must be sure to only offer authorized versions of the products and not any unauthorized copies. It is also important to include a copyright notice or statement on all products to ensure customers are aware that the product is copyrighted. If a customer files a complaint about copyrighted products being sold by your business, you should investigate the claim and take any necessary corrective action. This may include removing the products from your store, issuing a refund to the customer, and ensuring that any unauthorized products are not sold in the future. 

If the copyright holder takes legal action against your business, you may face substantial fines and other penalties. You may also be required to pay the copyright holder any damages they have incurred as a result of your infringement. It is important to remember that copyright infringement is a serious offense and should not be taken lightly. If you are unsure about a product’s copyright status, it is best to seek the advice of a copyright lawyer before selling any products to customers. This will help ensure you are in compliance with the law and avoid any potential legal repercussions.

Rokita Law-Trusted Intellectual Property Lawyers in Los Angeles, California | Copyrighted Goods

Amanda Rokita’s knowledge and experience in business litigation assures that your legal matters will be handled with the utmost care. At Rokita Law, our experienced team commits to offering you the best possible service, assuring you that your case is in good hands. Schedule a consultation today to see how our team can help you navigate the complex world of business litigation. 

Rokita Law, P.C. provides the content on this post for informational purposes only. The information should not be construed as, nor is intended to be, legal advice.⁠ Results may vary. This is not a guarantee, warranty, or prediction regarding the outcome of your case. Posts are for educational purposes only and are based on California law only, except for trademarks and copyrights filed with the US Patent and Trademark Office (USPTO).⁠.