From copyrights and trademarks to patents and trade secrets, intellectual property (IP) forms the backbone of many businesses and creative endeavors. When another person or business makes or uses these assets, it can constitute infringement and potentially harm the rightful owner’s interests.
While laws like Florida’s Uniform Trade Secrets Act offer protection, myths about IP laws abound, leading to misunderstandings and legal risks. Below are three common myths that could put your business and IP at risk.
Myth 1: If it’s online, it’s free to use
Just because an image, article or video is easily accessible online doesn’t mean it’s free to use without permission. However, copyright law automatically protects original works as soon as their creators place them in a tangible form, including digital formats.
Some people ask, “But what if I change it by 10% or more?” There is no magic number for how much you need to change something to avoid copyright infringement. The key factor is whether the new work is substantially similar to the original. Altered versions of an original work can still result in infringement if its essence is still recognizable.
Myth 2: Small businesses are immune to IP infringement claims
Size doesn’t matter when it comes to IP law. IP owners can hold any business, regardless of its size, accountable for IP infringement. In fact, larger companies often vigorously protect their IP against smaller entities to prevent the dilution of their brand or loss of market share. Conversely, small businesses can also be victims of IP infringement, which can significantly affect their growth and success.
Myth 3: Fair use covers any non-commercial use
While non-commercial use is one factor considered in fair use determinations, it’s not the only one. When assessing fair use claims, Florida courts evaluate four key aspects:
- How and why the copyrighted material is being used
- The type and characteristics of the original work
- The quantity and importance of the portion utilized
- The impact on the original work’s market value or potential
As such, courts can find even non-commercial uses infringing if they fail to meet the criteria for fair use.
Act on facts, not assumptions
IP law is nuanced and fact-specific. When in doubt about potential infringement or how to receive injunctive relief for your own intellectual property, it’s always best to seek appropriate legal guidance. Schedule a consultation with us today.
