Skip to Main Content

Copyright and Plagiarism: Copyright Infringement

Resources about copyright and intellectual property

Definition

Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. (Copyright.gov, 2018) 
Since plagiarism involves stealing the work of someone else and passing it off as your own, most acts of plagiarism, which do not involve works in the public domain, are also cases of copyright infringement.  Unlike plagiarism, which is just unethical and has no legal definition, copyright infringement is both unethical and actionable in a court of laws.  This means that you can be sued in a U.S. court of law for a copyright infringement if you steal someone else's work.  Copyright infringement cases can be very expensive. 

Here are some copyright infringement cases which have resulted in substantial losses to the infringer:

Davidson v. United States No. 13-942C - US Copyright Office -  A picture of a replica of the Statue of Liberty in Las Vegas was reprinted on a U.S. postage stamp under the mistaken belief that the photograph was of the original statue in New York.  The artist who created that statue located in Las Vegas, Mr. Davidson, was awarded $3.5 million dollars plus interest.

Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992) - US Copyright OfficeJeff Koons, an artist, used Art Roger's photograph of a couple holding a line of puppies to create a sculpture.  The artist lost and paid the photographer a confidential settlement.

Walt Disney Prods. v. Air Pirates, 581 F.2d 751 (9th Cir. 1978) - A group of cartoonists calling themselves the Air Pirates reused Walt Disney characters in their underground comic.  Disney was awarded $190,000 in damages and $2,000,000 in legal fees, but settled for less 9 years later.