There are several famous copyright infringement examples, with perhaps the most famous being that of Napster, a peer-to-peer file-sharing service that was shut down after the music industry successfully sued it for copyright infringement.
This article will look at well-known cases of business copyright infringement in the digital era, lessons we can learn from these cases, and suggest solutions to help you protect your business.
Famous business copyright infringement case examples
These are some of the best-known business copyright infringement cases of the digital era. Below the table is a closer look at a few of them. Past copyright litigation shows brands how to avoid infringing on others’ work and how to protect their own original and creative works.
| Case Name | Outcome | Learn More |
|---|---|---|
| Google LLC vs. Oracle America | Fair use ruling; Google’s use of Java API protected | Wikipedia |
| Apple Computer vs. Franklin Computer Corp. | Software is copyrightable as “literary work” | Wikipedia |
| A&M Records vs. Napster | Napster liable for infringement; service shutdown | Wikipedia |
| Star Athletica vs. Varsity Brands | Graphic designs on clothing can be copyrighted | Supreme Court |
| Adidas vs. Thom Browne | Ruled in favor of Thom Browne; no consumer confusion | Wikipedia |
| Gucci vs. Guess | $4.7M awarded to Gucci; permanent injunction | Justia |
| Associated Press vs. Shepard Fairey | Settled out of court | Wikipedia |
| Warner Bros. vs. S. Victor Whitmill | Settled for undisclosed amount | Justia |
| Disney vs. Franck Le Calvez | Author convicted of fraud; ordered to pay damages | Wikipedia |
| Kellogg Co. vs. National Biscuit Co. | Shape and name not protectable; patents expired | Wikipedia |
| Andy Warhol Foundation v. Goldsmith | Not transformative; same commercial purpose | Wikipedia |
| Cariou v. Prince | Most works ruled transformative fair use | Wikipedia |
| Tetris Holding, LLC v. Xio Interactive, Inc. | Visual expression is copyrighted; infringement ruled | Wikipedia |
1. Apple Inc. vs. Samsung Electronics
Apple and Samsung together supply a major portion of smartphones delivered worldwide. Samsung is also a major component supplier to Apple, supplying advanced display panels, memory chips, and other electronic components.
While often referenced alongside high-profile intellectual property disputes, the legal battle between Apple and Samsung primarily centered on design patents, utility patents, and trade dress rather than standard copyright infringement.
The attack
In 2011, Apple initiated legal proceedings against Samsung, alleging patent and trademark infringement related to smartphone and user interface design.
Samsung countersued Apple, alleging infringement of patented communication technologies.
At one point in time, Apple and Samsung were embroiled in more than 50 lawsuits worldwide.
Impact on the businesses
The smartphone patent wars finally ended in 2018 after the companies agreed on an undisclosed settlement.
According to attorneys and legal experts, the lawsuits did not accomplish anything. They aimed to win a larger market share and increase profits by banning the competition’s products.
Over the course of the running dispute, both companies spent hundreds of millions of dollars in legal fees.
Even though these are tech behemoths and did not go out of business, the money, time, and effort spent on legal proceedings could have been better spent on developing new technologies and innovative products.
Lessons learned
Businesses should be cautious when developing products or services that resemble or incorporate features patented or copyrighted by their competitors. On the flip side, businesses working in highly innovative markets like technology should have a system in place for monitoring for instances of copyright infringement, and a plan for how to act when an attack occurs.
Understanding intellectual property rights and conducting proper research and development can help businesses avoid potential legal disputes and maintain a unique identity for their offerings.
2. Viacom International Inc. vs. YouTube Inc.
Viacom (now known as Paramount) was a media conglomerate that owned and operated radio and TV stations and provided cable television programming services.
Attack details
Viacom sued YouTube, alleging copyright infringement for allowing its users to upload video content owned by Viacom without permission.
Google, YouTube’s owner, won an initial decision, which was overturned on appeal. The parties finally resolved the dispute after agreeing upon an out-of-court settlement.
Impact on the businesses
The lawsuit resulted in a prolonged legal battle that lasted seven years. However, neither company won any damages.
The case highlighted the need for online platforms to address copyright infringement proactively, know their rights, and have systems in place to detect copyright infringement as soon as it happens.
During the litigation, YouTube did enact a mass take-down notice issued by Viacom. The court considered this action a favorable process for addressing copyright infringement.
YouTube now implements content filtering systems and collaborates with copyright holders to address infringement issues. It uses Content ID, a digital fingerprinting system developed by Google, to identify and manage copyrighted content.
Lessons learned from this attack
Companies providing online platforms for user-generated content must prioritize copyright protection.
Implementing robust content identification and filtering systems, responding promptly to infringement claims, and cooperating with copyright holders can help mitigate legal risks and foster a copyright-compliant ecosystem.
3. Megaupload piracy case
Megaupload was a Hong Kong-based company that provided file storage services.
Detailing the attack
Megaupload was accused of being an online haven for digital piracy. Many users used the site for legitimate purposes, such as backing up work-related files.
Publicly, the site did frown upon illegal uploads: it had a tool for reporting “abuse,” and copyright holders could search for and flag illegal copies of content. The company did also register with the U.S. Copyright Office under the DMCA.
However, many users uploaded movies, music files, and other types of copyrighted material, giving unapproved access to friends, family, and the public.
Impact on the business
Megaupload faced legal action from copyright holders and law enforcement authorities.
The platform was shut down, its domain name was seized, associated websites were closed, and its owners were arrested. Its assets were frozen by Hong Kong’s Customs and Excise Department. A New Zealand Court of Appeal ruled that the site owner and three of his ex-colleagues were eligible for extradition to the U.S.
Lessons learned
Companies operating file-sharing platforms or similar digital services must establish robust measures to stop piracy and protect copyrighted media.
Taking steps such as implementing content identification systems, responding to takedown notices, and cooperating with copyright owners and law enforcement agencies can help prevent infringement and address related concerns.
4. Google LLC vs. Oracle America
Both Google and Oracle are tech behemoths and supply a range of products and services to customers worldwide.
Understanding the attack
The infringement disputes between these giants were related to parts of Java application programming interfaces (APIs) and several thousand lines of source code.
Oracle alleged that Google infringed its copyrights by using the APIs and source code for initial versions of its Android operating system. It sued Google in a landmark case, seeking $8.8 billion in damages.
Google admitted to using the APIs but relied on a fair use defense. Fair use permits a party to use copyrighted work without the copyright owner’s permission for some purposes as stipulated under the Copyright Act.
Impact on the businesses
The tech industry watched the case closely because a decision in either company’s favor would have far-reaching impacts on the software development and tech industries.
The legal battle lasted for years and involved multiple trials and appeals. Finally, the Supreme Court ruled in Google’s favor, finding that using Java APIs fell within four fair use factors.
As a consequence of the dispute, Google moved Android to a copyright-unburdened engine that does not use source code owned by Oracle.
Learn more about how to remove spyware from your Android phone
Lessons learned from this copyright infringement example
Businesses involved in software development and integration must ensure they have proper licenses or permissions for using third-party code, APIs, or software elements.
A clear understanding of copyright law and fair use principles can help businesses avoid legal disputes and ensure full compliance with copyright regulations.
Forms of Copyright Infringement
There are several types of copyright infringement examples, some we might be more familiar with because they’re more commonly in the news, but others that impact corporations, or involve more sneaky motives. Forms of copyright infringement can include:
- Downloading music files illegally
- Uploading copyrighted material
- Downloading licensed software from unauthorized sites
- Recording movies in a theater
- Using images or photographs without permission
- Uses branded assets to create websites mimicking the legitimate brand
- Pretending to be a business or executive on social media
- Selling fake goods with “branded” logos on them
Copyright infringement examples can impact an individual person, or can impact a larger business or brand. We’ve outlined four major copyright infringement example cases.
How to protect your business against piracy and copyright abuse
Business leaders can learn from the mistakes of other companies and protect their assets from these copyright infringement examples proactively, instead of reacting once the damage has already been done.
Digital fingerprints, watermarks, and DRM software can help you identify illegal use of your copyrighted material.
- Digital fingerprints are used to track and identify online users and devices. Identity markers create a “virtual profile” of each user and device, helping copyright holders detect unauthorized distribution of copyrighted media.
- Watermarks can also help prevent copyright infringement on photos and media. Copyright owners can insert a digital watermark into their digital assets. Anyone using copyrighted media illegally can be identified, and a copyright notice can be served to discourage piracy.
- Digital rights management (DRM) software allows copyright owners to encrypt copyrighted material, which can only be decrypted by licensed users with a valid decryption key.
Businesses can also benefit from continuous monitoring technology to detect unauthorized uses of copyrighted assets online. Bolster AI complements your digital risk management strategy by identifying copied assets and submitting automated removal requests to platform enforcement channels, reducing manual overhead for your team.
Mitigating piracy and copyright infringement proactively can save money for your business.
Protecting digital assets from copyright infringement
Copyright infringement is a significant concern in the digital age, making it easy for unauthorized parties to duplicate or scrape protected media assets.
Technology provides effective solutions for copyright holders. Platforms like Bolster AI help organizations safeguard their digital assets by identifying copied media and routing automated DMCA takedown notices.
You can leverage Bolster AI to monitor online channels for stolen media and quickly take action to stop copyright infringement.
