What happens if a copyright, trademark, or patent is violated?

By Vihan Singh3 min read · Posted Dec 23, 2022

46
Views

People who distribute pirated music, videos, movies or shows on the internet or in-person are most of the time brought down and punished. But what laws did they break? And why are they being punished? Read on to find out why.

What is Intellectual Property?

Intellectual property is rights given to individuals and companies for their inventions or ideas. There are various types of intellectual property; the three most common ones are listed below:

  • Copyright
  • Trademark
  • Patent

Copyright certifies an individual's work and prevents others from copying or stealing it. An individual/company can request copyright on their products/works.

What is a Trademark?

A trademark prevents other companies or individuals from using the company's product or designs. Companies use a trademark to distinguish themselves from other brands. Slogans and logos are trademarks. Examples of well-known trademarks are the Apple logo or the “Have a break, have a kit-kat” slogan.

What is a Patent?

A patent protects an individual’s or company's idea/invention from being stolen and used.

To learn more about these topics, you can read our “Copyright v.s. Patent v.s. Trademark” article.

All three are different types of intellectual property. Still, all of them can be broken the same way; when a person or company steals another protected idea or invention for their profit, or an individual or company illegally distributes replications or counterfeit goods protected by intellectual property.

The Federal Bureau of Investigation (FBI) usually oversees copyright violations. They are constantly monitoring pirating sites and attempting to shut them down. They occasionally catch copyright violators (also known as “Pirates”) and punish them with heavy fines or jail time.

To deter copyright infringement, the FBI is responsible for the warnings before a movie, saying, “Distribution of this movie is illegal and is punishable by fine or jail.” Music recordings and video games carry a similar message on their packaging.

What if a Trademark is Violated?

Trademark violations are the most common. There is a multi-billion dollar industry of counterfeit goods.

To prevent losses and to protect their names, private companies can sue individuals or companies for using their trademarked ideas or products for their benefit. If the company that sued wins, it can demand monetary penalties and order the other company or individual to stop using their trademarked goods and services.

What if a Patent is Violated?

Suppose you steal someone’s patented idea or invention and start making profits without the patent holder's consent or permission. In that case, you can infringe/violate a patent holder's rights and be forced by the court to pay heavy fines, jail time, or even declare bankruptcy.

Conclusion

Violating a copyright, patent, or trademark is ethically and legally wrong. Violators can face lawsuits that are very costly and time-consuming.

If you want to listen to your favorite music, consider getting a subscription to a certified music vendor (ex: Spotify, Apple Music, etc.) If you're going to watch your favorite movies and shows, you can look into getting a subscription to a licensed video vendor (ex: Netflix, Hulu, ESPN, etc.)

These punishments and fines are set to prevent others from stealing a company's or individual's ideas/inventions and profiting from them.

“When you have the wit of your own, it's a pleasure to credit other people for theirs.” -Criss Jami, Killosophy.

References

About The Author

Vihan Singh

22
Articles
2672
Total Views
21
Total Likes
1
Total Shares

See more posts by Vihan Singh

Comments

Your generosity fuels innovation and drives success!

Our resources are assembled by a team of entrepreneurs who donate their time and energy to Pitch Labs to ensure that entrepreneurial resources are available to everyone. Unfortunately, we can't avoid major expenses such as website hosting fees. To ensure our resources remain free to access and use, we rely on donors who are able and willing to give back. Consider donating to be a part of the Pitch Labs mission today!

More in Legal


Legal » Protections

Outsmarting Social Engineering in the Digital Age

by Amir Noorani ·Dec 6, 2024

37
Views

Learn how to outsmart social engineering scams by staying alert and protecting your personal data from digital manipulation and fraud. Read more

Legal » Protections

What is a Trademark and what is the Trademark filing process?

by Aashna. Haryani ·Nov 25, 2024

381
Views

The article aims to inform the reader about a trademark, its importance, and the step-by-step process to file a trademark. Read more

Legal » Structures

What is a small business? What defines a small business and what are the general features of a small business?

by Warren Patterson ·Aug 2, 2024

1128
Views

Find out what the definition of a small business is, including some examples, and about the general features of this type of business. Read more

Legal » Protections

What is the BBB - Better Business Bureau?

by Mark Schmidt ·Jul 26, 2024

559
Views

Find out what the BBB does, how trustworthy it is, and whether its accreditation is best for you and your company. Read more

Recent articles


Financial » Accounting

What does a business's year look like (each quarter)?

by Zainab Anjum ·Feb 28, 2025

19
Views

This article offers key insights to shape a successful business year, quarter by quarter. Dive in to understand the essential elements that drive performance throughout the fiscal year. Read more

Financial » Taxes

What is a Tax ID or exemption number?

by Asad Awan ·Feb 26, 2025

44
Views

Learn about tax IDs and exemption numbers. Learn how to claim valuable tax benefits and conduct business smoothly. Read more

Financial » Personal

How failure can actually benefit your business

by Warren Patterson ·Feb 24, 2025

22
Views

Failure can benefit your through better decision-making, increase compassion toward team members who are struggling to succeed, help drive a future business culture that’s willing to experiment, and build strength in business. Read more

Financial » Funding

How to fund a startup

by Warren Patterson ·Feb 21, 2025

43
Views

If you’re running a startup, funding can be of great help in getting your business up and running. The top types of funding discussed in this article include investments from the government, venture capitalists, and angel investors. Read more

Join Our Community


Looking for something else? Get your questions answered in our free online learning community!

Entrepreneurial Resources


Jumpstart your next business with our free resource library.

Disclaimer


Our organization cannot give out official legal/fiscal guidance. All articles are written by volunteers and it may be beneficial to contact professionals to assist your understanding of the information and to guide your action. Pitch Labs bears no responsibility for the results of actions taken based off of article content or any other form of assistance given.