Copyright Infringement in the United States
Copyright Law in the United States: Infringement
Introduction to Copyright Infringement
An infringement of a copyright is the reproduction, distribution, performance, or display of any copyrighted work without permission of the copyright owner or without a compulsory license. For example, making a copy of the text of a book or performing a play without permission would be infringements. Infringement does not necessarily require absolute similarity to the copyrighted work. For example, a novel based on the copyrighted work of another author may constitute an infringement, even if it does not reproduce the original novel word for word. The test for infringement is whether an ordinary observer would consider the second version “substantially similar” to the copyrighted work. This definition of similarity is sufficiently vague that courts reinterpret it with respect to each claim of copyright infringement.
Copyright infringements are usually dealt with in civil lawsuits in federal court. The law provides several remedies to copyright owners who prove an infringement of their work. In such a case, the court may order an injunction against future infringement, which requires the infringing party to refrain from committing further violations of the copyright. The court may also order the destruction of infringing copies; reimbursement for any financial loss suffered by the copyright owner; transfer of profits made from the sale of infringing copies; and payment of specific damages, plus court costs and attorneys’ fees. If the infringement was intentional, the infringing party can be subject to criminal penalties as well, which include fines and possible imprisonment.” (1)
Copyright in the U.S. Code
The United States Copyright Code appears in Title 17 of the United State Code.
Copyright Infringement Litigation
This section examines the Copyright Infringement Litigation subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Cause of Action for Copyright Infringement of Internet Material: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Copyright Infringement of Internet Material, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Cause of Action for Copyright Infringement Under the Federal Copyright Act of 1976, As Amended: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Copyright Infringement Under the Federal Copyright Act of 1976, As Amended, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Copyright Infringement
Overview of Copyright Infringement in relation to cyber crime: [1] Copyright infringement occurs when a person other than the owner of the intellectual property uses a piece of work, such as from an article, text in a book, an image, information, software, or music from the Internet, in a way that does not give credit or pay royalties to the creator. As such, copyright infringement in relation to any form of intellectual property is possible, including patents, trademarks, and trade secrets. Here is an example of the commercial, for profit use of an item and how its copyright can be violated: the musician Bruce Springsteen and his recording company officially copyright his music, thus protecting his rights to make a living and those of the company to profit by receiving royalties from the fans who purchase Springsteen's music. However, in 2000, new file-sharing software available on the Internet enabled people to download and share music for free, resulting in the music artist and his record label losing substantial profits from users not paying for the music.
Copyright Infringement of a Screenplay
This section discusses generally the subject of Copyright Infringement of a Screenplay, how to determine the facts essential to Copyright Infringement of a Screenplay, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.
Resources
Notes and References
- By Marianne Buehler
See Also
- Types of Cybercrime
- Cybercriminal
Further Reading
McQuade, S.C. (2006). The social and economic impacts of cybercrime. In Understanding and managing cybercrime (pp. 295–301). Boston: Pearson Education, Inc.; Parloff, R. (2003, September). Killer app. Fortune, 148(4), 111–116, ABI Inform/Proquest Direct; ''We the people,'' Celebrating the Constitution. (n.d.). United States Senate Web site: http://www.senate.gov/.
Resources
Notes and References
- Information about Copyright Infringement in the Encarta Online Encyclopedia
Guide to Copyright Infringement
In this Section
Copyright, Copyright Subject Matter, Copyright Notice and Registration, Rights of Copyright Owners and Licensing, Copyright Infringement and Fair Use.
Online Copyright Infringement and the E-Commerce Law
Online Copyright Infringement and the Legal Aspects of E-Commerce
Copyright Infringement Litigation
This section examines the Copyright Infringement Litigation subject in its related phase of trial. In some cases, other key elements related to trials, such as personal injury, business, and criminal litigation, are also addressed.
Cause of Action for Copyright Infringement of Internet Material: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Copyright Infringement of Internet Material, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Cause of Action for Copyright Infringement Under the Federal Copyright Act of 1976, As Amended: an Overview
This section examines this type of action. This subject identifies the various elements of the Cause of Action for Copyright Infringement Under the Federal Copyright Act of 1976, As Amended, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.
Resources
See Also
- PPC Advertising
- Social Networking
- Spam
- Startups
- Internet Tax
- Technology Law
- Terms of Use
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