Copyright Infringement

Copyright infringement occurs when a protected work has been copied without authorization. Keep in mind that the copied work need not be identical to the original to infringe a copyright! The legal test of infringement is "substantial similarity" - whether an ordinary observer would recognize the work as having been copied in whole or in part from the earlier one.

For sound recordings, some courts have concluded that the "substantial similarity" test does not apply to infringement of sound recording copyrights and that the Copyright Act limits the duplication right in sound recordings to the exact sounds recorded. However, duplicating any part of a copyrighted recording would also violate the rights of the owner of the copyright in the underlying work and any "sampling" is considered a form of unauthorized derivative work.

In order to take legal action against an act of infringement your copyright must be registered with the U.S. Copyright Office. If you don't register your copyright and someone else claims the work as their own, you will have to somehow prove that it is actually yours. Registration avoids this burden of proof.

The implications of not registering a copyright can be very costly and time-consuming. Without federal registration, you cannot legally prevent someone from copying or using your original work. Delaying copyright registration can result in a severe limit in the amount of damages that may be awarded should there be a finding of infringement.

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