Copyright Infringement

Copyright infringement is the use, reproduction, distribution, or performance of copyrighted work without the permission of the copyright holder. This concept is globally recognized through treaties like the Berne Convention and the WIPO Copyright Treaty. In enterprise risk management (ERM) frameworks, such as ISO 31000, it is classified as a significant legal and operational risk that threatens intellectual property assets. Within an Information Security Management System (ISMS) guided by ISO/IEC 27001, preventing copyright infringement is essential for maintaining the legality and integrity of information assets. Unlike patent infringement, which protects inventions, or trademark infringement, which protects brand identifiers, copyright infringement specifically concerns the unauthorized use of original creative expressions.

In enterprise risk management, addressing copyright infringement involves a structured approach. Step 1: Risk Identification and Asset Inventory. Companies must create and maintain a registry of all copyrighted assets they use, including software, images, and fonts, in line with ISO/IEC 19770-1 for Software Asset Management (SAM). This helps identify unlicensed or non-compliant usage. Step 2: Establish Compliance Controls. Develop clear corporate policies for the procurement and use of third-party content, requiring legal review of licenses. Regular employee training is crucial to foster a culture of compliance. Step 3: Monitoring and Auditing. Implement automated tools to scan for unauthorized software and content, and conduct periodic internal audits. A Taiwanese tech firm, after implementing a SAM system, increased its software compliance rate from 70% to over 99%, successfully passing ISO/IEC 27001 audits and reducing potential legal costs by an estimated 30%.

Taiwanese enterprises often face three key challenges. First, a widespread misunderstanding of "fair use," where employees incorrectly assume that non-commercial or internal use is permissible. Second, the ease of accessing digital content online encourages a casual culture of copying and pasting without verifying licenses. Third, small and medium-sized enterprises (SMEs) typically lack dedicated legal resources and the budget for sophisticated asset management systems. To overcome these, companies should prioritize mandatory employee training on copyright policies within three months. Concurrently, they can implement technical controls like a centralized digital asset library for pre-approved content. For SMEs, leveraging cloud-based SAM services or consulting external legal experts provides a cost-effective solution to achieve compliance within a 6-12 month timeframe.

Winners Consulting specializes in copyright infringement for Taiwan enterprises, delivering compliant management systems within 90 days. Free consultation: https://winners.com.tw/contact