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💡intro to intellectual property review

Copying

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

Copying refers to the unauthorized reproduction or duplication of an original work, such as a creative expression, invention, or other form of intellectual property. It is a central concept in the context of infringement and remedies within intellectual property law.

5 Must Know Facts For Your Next Test

  1. Copying can constitute copyright infringement if it involves the unauthorized reproduction of a substantial portion of a copyrighted work.
  2. Patent infringement can occur through the unauthorized making, using, selling, offering for sale, or importing of a patented invention.
  3. Trademark infringement can involve the use of a confusingly similar mark that is likely to cause consumer confusion about the source of the goods or services.
  4. Remedies for intellectual property infringement can include injunctions to stop the infringing activity, monetary damages, and the seizure and destruction of infringing goods.
  5. The fair use doctrine provides a defense to copyright infringement for certain limited and transformative uses of a copyrighted work, such as for educational or commentary purposes.

Review Questions

  • Explain how the concept of copying relates to the issue of infringement in intellectual property law.
    • Copying is a central aspect of infringement in intellectual property law. Copyright infringement occurs when a substantial portion of a copyrighted work is reproduced without authorization. Patent infringement involves the unauthorized making, using, selling, or importing of a patented invention. Trademark infringement can involve the use of a confusingly similar mark that is likely to cause consumer confusion about the source of the goods or services. In each case, the unauthorized copying or duplication of the protected intellectual property constitutes an infringement of the rights holder's exclusive rights.
  • Describe the various remedies available to address instances of copying that constitute intellectual property infringement.
    • Remedies for intellectual property infringement can include injunctions to stop the infringing activity, monetary damages to compensate the rights holder for their losses, and the seizure and destruction of infringing goods. For example, a copyright holder may seek an injunction to prevent the further distribution of a work that has been copied without permission. A patent holder may be awarded damages for the unauthorized making or selling of their patented invention. Trademark owners can pursue the seizure and destruction of goods that bear a confusingly similar mark. These remedies are designed to provide effective relief to the rights holder and deter future instances of unauthorized copying or infringement.
  • Analyze the role of the fair use doctrine in providing a defense against claims of copyright infringement based on copying.
    • The fair use doctrine is a key exception to copyright infringement that can provide a defense against claims of unauthorized copying. Fair use allows for the limited and transformative use of copyrighted material without permission, such as for purposes of criticism, commentary, news reporting, teaching, or research. In evaluating whether a use constitutes fair use, courts will consider factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work. If a court determines that the copying falls within the bounds of fair use, it will not be considered an infringing act, despite the unauthorized reproduction of the original work.