Copyright Infringement Actions

Copyright Infringement Actions

Copyright Infringement Actions (Criminal Offenses)

This section introduces, discusses and describes the basics of copyright infringement actions. Then, cross references and a brief overview about Criminal Offenses is provided. Finally, the subject of Internet Law in relation with copyright infringement actions is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.


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One response to “Copyright Infringement Actions”

  1. International Avatar
    International

    Bruce Hayden

    Former Law Review Editor:

    There is no copyright in publicly filed documents. Lawyers lift, verbatim, from prior pleadings, even from their opponents, all the time.

    Hope you didn’t edit an IP journal. You are conflating a bunch of different things, in particular, the difference between infringement and litigation claiming infringement. If you don’t register the work in time, copyright owners don’t get attorneys’ fees, and thus you are faced with potentially hundreds of thousands of dollars of litigation costs for what? You are stuck with actual damages, which are inevitably much lower than the litigation costs of the infringement suit. So, the fact that no one sues over this sort of thing only means that it isn’t economically worthwhile do to so, and not that there isn’t infringement.

    The reality is that publication has almost nothing to do with the existence of copyright. Copyright is essentially automatic, unless it is a U.S. government work (presumably including the draft opinions mentioned above, if done for a federal judge at some level). Copyright attaches upon creation of original expression.

    That said, the Fair Use argument has merit. While Fair Use requires a statutory balancing test, I would expect that the balance would likely usually come out in favor of Fair Use.

    Oh, and most likely the copyright is owned by the law firm or other employing entity (with the exception of the U.S. govt., where there isn’t a copyright). Most legal work won’t fall under the Work for Hire exceptions that allow for the copyright to go to the contracting party AND an assignment or exclusive license requires a signed writing to that effect.

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