Infringing

Infringing is the act of violating rights or laws by disregarding established rules. In a legal context, "infringing" describes conduct that breaches someone else’s rights, particularly intellectual property rights, or other protected interests. The term is most commonly used with respect to intellectual property.

Copyright infringement occurs when a person copies, distributes, performs publicly, displays, or creates derivative works from a copyrighted work without permission or a valid exception. The concept hinges on unauthorized use of the creator’s exclusive rights, which may include reproduction, distribution, public performance, and public display.

Patent infringement occurs when a person makes, uses, sells, or offers to sell a patented invention without authority. Trademark infringement occurs when someone uses a protected mark in commerce in a way likely to confuse consumers or dilute the distinctiveness of the mark.

In addition to intellectual property, some infringements relate to contractual obligations, data protection, or privacy rights. Infringing conduct may lead to civil lawsuits, injunctions, and damages; in some jurisdictions, criminal penalties or fines may apply for serious offenses.

Defenses to infringement include licenses or permissions from the rights holder, fair use or fair dealing, exhaustion of rights after the first sale, de minimis use, or a finding that there is no likelihood of confusion or harm. Prevention focuses on obtaining proper licenses, respecting rights holders’ notices, and adhering to applicable laws and contractual terms.