copyright intellectual-property software
Is one free from legal responsibility if the intellectual property has passed the plagiarism check software?
<p>A few examples:</p>
<ol>
<li><p>Bob wrote a blog post and uses a plagiarism checker. The checker didn’t find any plagiarism. Does that protect Bob from copyright infringement claims?</p>
</li>
<li><p>Bob uses AI to generate a blog post and passed the plagiarism checker. The AI company that provides the software has marketed to provide plagiarism free copies. Does that protect Bob from copyright infringement claims?</p>
</li>
<li><p>Bob wants to register a trademark and uses the trademark search tool. The search tool didn't find any similar trademarks. Does that protect Bob from trademark infringement claims?</p>
</li>
</ol>

<p>None of the methods suggested protect Bob from a copyright or trademark infringement claim.</p>
<p>These methods may protect Bob from a claim that Bob is an intentional infringing party, as opposed to being an &quot;innocent infringer&quot;. But, an innocent infringer is not immune to liability for copyright and trademark infringement.</p>
<p>Instead, an innocent infringer is simply subject to less potent penalties and remedies than an intentional infringer of the copyright or trademark owner's rights.</p>
<p>Also, innocent infringer status ceases when Bob receives a cease and desist letter if Bob continues the infringing conduct.</p>
<p>This said, in the first case, if Bob independently writes the blog post without copying anyone else's work, Bob has not infringed any copyright. This is true even if someone else had already written exactly the same thing.</p>
<p>Copyright infringement, unlike patent infringement and trademark infringement, requires that the infringing work actually be derived from the work claimed to be infringed and independent invention of a work is a full defense to copyright infringement.</p>
