October 12, 2022
The intellectual property 30 percent rule is a common myth that suggests a piece of intellectual property can be copied if 30 percent of the content is changed. In reality, intellectual property protections differ drastically from this myth. Copying the copyrighted material of another party will often result in legal action for copyright infringement. If you are a copyright owner and believe someone has infringed on your intellectual property, you have legal rights. At Mindful Counsel, our experienced intellectual property lawyers can help you understand your options, including a possible copyright infringement lawsuit. Contact us today at (480) 422-6246 to learn more.
The owners of copyrighted content have exclusive use rights to that content. This means no one else can use it without the creator’s express consent. Copyright infringement occurs when someone violates copyright protections by using it without permission.
Copyright owners are granted several protections under the Copyright Law of the United States (Title 17):
The 30 percent rule is false because determining copyright infringement is more complex than looking for a certain percentage of copyrighted material. Copyrights protect content not just from exact copies, but from other reproductions that are considered substantially similar. This determination must be made by comparing the two works and the context of these works. In addition, evaluating whether a copyright has been infringed upon varies depending on the type of medium.
The short answer is no: you cannot use a copyrighted image even if you edit or modify it. Copyrighted images are protected from any unauthorized use, even if details are changed. A copyrighted image should never be used in any context unless the creator and copyright holder gives permission.
The intellectual property 30 percent rule is a myth, which means that you cannot use a copyrighted image by changing it by any percentage. Copying any part of the image could result in a copyright infringement lawsuit from the copyright holder. If you believe your copyrighted image has been infringed upon, you can learn more about your legal options by contacting Mindful Counsel.
Evaluating a copyright infringement case for a piece of music involves a great deal of nuance, and there is no uniform way to determine whether a song meets the legal definition of infringement. Music copyright infringement cases are complex and juries need to consider numerous variables, but the main goal is determining whether the song in question is original or substantially similar to the copyrighted song.
Copyright cases are relatively common in the music industry and there have been several high-profile infringement cases. In one of the most recent examples, the 2013 Robin Thicke song “Blurred Lines” was deemed to be an infringement of Marvin Gaye’s 1977 hit single “Got to Give it Up.” Gaye’s estate was awarded nearly $5 million in this case.
Musicians, writers, artists, and advertisers should all be careful to avoid copyright infringement, as these legal battles can be devastatingly expensive. Some key points to keep in mind include:
When someone copies or reproduced a copyrighted work without permission, the owner of that copyright has several legal options:
The simplicity of the intellectual property 30 percent rule makes it enticing to believe in, as the true nature of copyright law is much more complex. If you believe your copyright protections have been violated, it is important to understand your legal rights. At Mindful Counsel, our team of dedicated intellectual property lawyers can analyze your case and help you determine the best course of action based on the circumstances. Contact us at (480) 422-6246 for more information.
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