Am I at Risk for Infringement?

Lawyer in Raleigh NC: Infringement

Writers have been known to use large portions from previously written works, without the author’s consent. Even when writers use only small excerpts of another author’s work, this crosses the line of infringement. Those that worry about the consequences of infringement, often wonder how a writer can use excerpts without disrespecting another one's work, or worse, encounter a law suit. If your work contains excerpts or borrowed material from another author, they should be from works that are deemed:

Infringement | Lawyer in Raleigh NC

  • Materials in the Public Domain
  • Work that is unable to be copyrighted
  • Works that are subjected to Creative Commons
  • Works that are protected under the Fair Use

Consulting an intellectual property attorney when using excerpts from other author’s work, is a sensible decision. Working with the attorney, early on in your writing process, may help to keep your work ethical and respectful. Though it’s best to steer clear of anything that might verge on the act of infringement, there are certain works that have copyright immunity. Works  are not protected under the copyright law if they are only facts.  But be careful, because the arrangement of facts is copyrightable. Protecting your intellectual property is important in order to ensure creative success.

Though this article discusses general copyright and infringement issues, it is not considered legal advice. If you are an aspiring author and need legal help to determine if you are in danger of infringement, you might want to consider calling our entertainment law office. Klish and Eldreth, PLLC, lawyer in Raleigh NC, can read over your writing and help you determine what might be considered infringement. For more information about our law office or other services we offer, visit our website, here.

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