What is an ‘injunction’?

An injunction is a court order issued by a judge that requires a person to do (or refrain from doing) a particular action. In the context of art law, an injunction is often demanded when a person or organization has wrongfully used or exhibited a piece of artwork, or by copyright holders seeking to stop the wrongful use of a copyright-protected work. In North Dakota, injunctions take various forms, depending on the circumstances of the case. For example, a temporary restraining order (TRO) may be requested when a party needs the court to act quickly in an urgent matter. A preliminary injunction might be issued when a party needs to stop the alleged infringement of a work while the case is pending. A permanent injunction can also be issued if the court determines that the person in violation did not have the right to use or display the artwork. Injunctions can be effective forms of legal protection for copyright owners or art owners. However, such orders should not be considered lightly. If the terms of the injunction are violated, the court may impose penalties on the alleged infringer or hold them in contempt of court. As a result, it is important that legal advice is sought when determining whether an injunction is an appropriate legal remedy in a particular situation.

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What is an ‘injunction’?

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