Legal Definitions - commencement of infringement

The term commencement of infringement refers to the initial act or first occurrence of a violation of someone's legal rights, particularly in the context of copyright. It marks the precise moment when an unlawful use of copyrighted material first takes place, even if that act is part of a larger series of ongoing violations. Identifying this starting point is often crucial for legal purposes, such as determining the statute of limitations for bringing a lawsuit or calculating the duration of the infringement.

• Example 1: Unauthorized Public Performance

  A local band, "The Echoes," decides to include a popular song, "Midnight Serenade," written and copyrighted by a famous artist, in their live performances without obtaining the necessary performance license. The commencement of infringement occurs the very first time "The Echoes" performs "Midnight Serenade" publicly without permission. Even if they perform it many more times at subsequent gigs, that initial unauthorized performance is the specific act that marks the beginning of the copyright violation.

• Example 2: Digital Distribution of Software

  An individual downloads a copyrighted software program from the internet, then creates a modified version and uploads it to a public file-sharing forum for others to download. The commencement of infringement happens the instant the individual successfully uploads the modified, unauthorized copy of the software to the public forum, making it available for others to access and download. This is the first act of distributing the infringing material, even if thousands of downloads follow.

• Example 3: Publication of Unauthorized Images

  A small online magazine publishes an article that includes several photographs taken by a professional photographer, without seeking permission or licensing the images. The commencement of infringement takes place the moment the online magazine publishes the article containing the unauthorized photographs. This is the initial act of publicly displaying and distributing the copyrighted images without the photographer's consent, regardless of how long the article remains online or how many people view it.