How To Prove A Florida Copyright Infringement Claim
In Florida, a claim of Copyright Infringement is defined as:
Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder.
It simply means:
When a party uses creative material that is owned by someone else.
There are 3 elements of the claim:
- Element 1. The plaintiff owned a valid copyright. The plaintiff had the legal right to control and profit from their creative work because they held a valid copyright, which protects original ideas like music, art, or writing from being used without permission.
Facts that might support this element look like:
* The plaintiff registered the copyright for the work with the U.S. Copyright Office on January 15, 2020.
* The plaintiff has maintained continuous ownership of the copyright since its creation on March 10, 2019.
* The work in question contains original content that demonstrates creativity and is fixed in a tangible medium.
* The plaintiff has provided evidence of the copyright registration certificate, confirming their ownership.
* The plaintiff has not transferred or assigned their copyright to any other party at any time. - Element 2. The defendant copied the protected elements of the copyrighted work, or there was substantial similarity between the allegedly infringing work and the copyrighted work. The defendant used parts of a copyrighted work without permission, or the new work is so similar to the original that it’s clear they copied it, which can lead to a claim of copyright infringement.
Facts that might support this element look like:
* The defendant’s work contains identical phrases and sequences of text that are present in the plaintiff’s copyrighted work.
* Both works feature similar character designs and visual elements that are not commonly found in the genre.
* The overall structure and plot progression of the defendant’s work closely mirrors that of the plaintiff’s copyrighted material.
* The defendant admitted to using the plaintiff’s work as a reference during the creation of their own project.
* Expert analysis reveals that the two works share a significant number of unique and protected elements, indicating substantial similarity. - Element 3. The similarity between the copyrighted work and the alleged infringing work was substantial. The copyrighted work and the accused work are very similar, meaning that they share enough key features or elements that a reasonable person could see them as closely related, suggesting that one may have copied from the other.
Facts that might support this element look like:
* The alleged infringing work contains identical phrases and sequences that are present in the copyrighted work, indicating a high degree of similarity.
* Both works share a unique combination of themes, characters, and settings that are not commonly found in other works within the same genre.
* The visual elements of the alleged infringing work closely mimic the artistic style and layout of the copyrighted work, suggesting substantial similarity.
* The overall structure and narrative progression of the alleged infringing work parallel that of the copyrighted work, reinforcing the claim of substantial similarity.
* Key plot points and character developments in the alleged infringing work are strikingly similar to those in the copyrighted work, further supporting the claim of infringement.
(See Transcontinental Insurance v. Jim Black & Assoc., 888 So. 2d 671 (Fla. Dist. Ct. App. 2004).)
If you’re in court without a lawyer and plan to assert a Claim of Copyright Infringement, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your Copyright Infringement claim.
Prove Your FL Copyright Infringement Claim
U.S. Civil Cases Only