When is a copy infringement applicable?

UPDATED: Jul 16, 2010

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When is a copy infringement applicable?

Is it immediately after someone files for a copyright and the approval is pending? Or only once the copyright is approved? Or when a company registers the copyright and if so, does the copyright have to be approved in order to register?

Asked on July 16, 2010 under Business Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Copyright laws vary by state, in addition to the federal copyright and international copyright laws.  Copyright at the state level is usually automatic without registration (i.e., as soon as you basically create the work).  Federal level can be upon application but a good test depends on the due diligence by someone else on the illegal use of someone's copyrighted work or creating a derivative work without authorization. Either way, once a copyright is in place at the state or federal level, the ramifications of illegal copyright use will depend on the level of protection (state or federal).

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