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.

What Is Copyright Infringement?

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):

• Right of Reproduction – Only the copyright owner is entitled to reproduce their work. Anyone who makes copies of copyrighted content without the owner’s consent is guilty of infringement.
• Right of Distribution – No one else is permitted to distribute the copyrighted works of another party. For example, selling illegitimate copies of a piece of artwork would violate the copyright owner’s right of distribution.
• Right of Public Display – The copyright owner has exclusive rights to display their copyrighted work publicly, including on the internet.
• Right to Derivative Works – Copyrighted content is protected from derivative works by unauthorized parties, such as a movie script based on a book without the author’s permission.
• Right of Public Performance – A copyrighted work may not be performed publicly outside of a close circle of family in friends unless the creator gives permission. For example, a radio station would need express consent to play copyrighted music.

How Much Can Be Copied Without Infringing Copyright?

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.

Can I Use a Copyrighted Image If I Change It?

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.

How Different Does a Song Have to Be to Avoid Copyright?

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.

How to Avoid Copyright Infringement

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:

• Learn about copyright laws – Understand the legal protections of copyrights and how they differ from other intellectual property protections, such as trademarks and patents.
• Only use original work – Avoid using anyone else’s original work without receiving the express permission of the creator, owner, or holder of the copyrighted content.
• Assume all internet content is copyrighted – The overwhelming majority of the material on the internet is copyrighted, so never copy, reproduce, or use anyone else’s published internet content without their consent.

What to Do If Your Copyright Is Infringed

When someone copies or reproduced a copyrighted work without permission, the owner of that copyright has several legal options:

• Ask for credit or removal – Consider contacting the person who violated the copyright and ask them to either give you official credit or stop using the work.
• DMCA notices – The Digital Millenium Copyright Act (DMCA) protects content published online. A DMCA notice can be sent to the platform (such as a social media site) where the content is being used without permission, and that platform can remove it.
• Cease and desist – A formal cease and desist letter is used to officially notify someone that they must stop using the copyrighted material of another person. These letters typically demand a stop to unauthorized use by a certain date and outline the next steps if the recipient fails to comply.
• Copyright infringement lawsuits – A federal copyright infringement lawsuit may be filed to recover damages for unauthorized use. Consider speaking with an experienced intellectual property lawyer to determine if you have a case.

Learn More From Our Intellectual Property Lawyers

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.