ARTICLES

Copyfraud: Knowing Your Rights

Over the course of the last century the creation and distribution of media has evolved swiftly and dramatically. The invention of radio transmissions, broadcast television, analogue tape, compact discs, and digital media has all occurred in this time frame and the law has struggled to keep up with the changing landscape. Furthermore, the concept of intellectual property has become hotly contested during this age, as scholars and courts have wrestled with the notions of ownership that it entails.

A new problem that is coming into understanding is the abuse of copyright law by persons or entities that assert ownership where they have none. This is termed “copyfraud” by Jason Mazzone, a law school professor, and he has dedicated his research and professional efforts to reining it in. If your business has been demanded to pay for copyright violations by another party misrepresenting its stake, contact the Minneapolis intellectual property lawyers of Skjold Barthel, P.A., at 612-746-2560.

Abuses of Copyright Law

The notable focus of both the media and popular culture on the imposition of penalties for copyright violations have created an air of uncertainty and hyper-cautionary responses to unclear questions on intellectual property matters. Though some companies may honestly (and wrongly) believe that they hold the rights to a particular piece of intellectual property, others choose to intentionally make allegations and claims that they know to be false in the hope of attaining some financial benefit or competitive market advantage. Common abuses include:

• Claiming ownershipof materials that are lawfully in the public domain
• Exceeding the remedies and rights established by law
• Asserting legal rights to something in the public domain because of publication in a new medium

Contact Us

We can help to protect you from fraudulent claims of copyright violation. Conact us at 612-746-2560.