Copyright infringement - Wikipedia
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However, with copyright laws, intellectual production comes to be seen as a product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. National copyrights See also: Often seen as the first real copyright law, the British Statute of Anne gave the publishers rights for a fixed period, after which the copyright expired.
Books, and other Writings, without the Consent of the Authors An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. International copyright agreements and List of parties to international copyright agreements The Pirate Publisher—An International Burlesque that has the Longest Run on Record, from Puck, satirizes the then-existing situation where a publisher could profit by simply stealing newly published works from one country, and publishing them in another, and vice versa.
The Berne Convention first established recognition of copyrights among sovereign nationsrather than merely bilaterally. Under the Berne Convention, copyrights for creative works do not have to be asserted or declared, as they are automatically in force at creation: The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto the Convention.
Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by the Convention.
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This was a special provision that had been added at the time of revision of the Convention, because of the strong demands of the developing countries.
The United States did not sign the Berne Convention until Inthis organization was succeeded by the founding of the World Intellectual Property Organizationwhich launched the WIPO Performances and Phonograms Treaty and the WIPO Copyright Treatywhich enacted greater restrictions on the use of technology to copy works in the nations that ratified it.
Copyright laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as the European Union or World Trade Organization require their member states to comply with them. Obtaining protection Ownership The original holder of the copyright may be the employer of the author rather than the author himself if the work is a " work for hire ".
Typically, the first owner of a copyright is the person who created the work i. Eligible works Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdictionbut these can include poemsthesesfictional characters plays and other literary worksmotion pictureschoreographymusical compositionssound recordingspaintingsdrawingssculpturesphotographscomputer softwareradio and television broadcastsand industrial designs.
Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Threshold of originality Typically, a work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time some jurisdictions may allow this to be extended.
Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. However, single words or a short string of words can sometimes be registered as a trademark instead. Copyright law recognizes the right of an author based on whether the work actually is an original creationrather than based on whether it is unique ; two authors may own copyright on two substantially identical works, if it is determined that the duplication was coincidental, and neither was copied from the other.
In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office.
Once an idea has been reduced to tangible form, for example by securing it in a fixed medium such as a drawing, sheet music, photograph, a videotape, or a computer filethe copyright holder is entitled to enforce his or her exclusive rights. A widely circulated strategy to avoid the cost of copyright registration is referred to as the poor man's copyright. It proposes that the creator send the work to himself in a sealed envelope by registered mail, using the postmark to establish the date.
This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration.
Article 2, Section 2 of the Berne Convention states: For instance, Spain, France, and Australia do not require fixation for copyright protection.9 Simple Tips For Free Online Dating Sites
The United States and Canada, on the other hand, require that most works must be "fixed in a tangible medium of expression" to obtain copyright protection. In addition, the phrase All rights reserved was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it.
Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic.
Copyright - Wikipedia
While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying even without permission necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as the RIAA are increasingly targeting the file sharing home Internet user.
Thus far, however, most such cases against file sharers have been settled out of court. Legal aspects of file sharing In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by a direct approach to the infringing party in order to settle the dispute out of court. Copyright infringement For a work to be considered to infringe upon copyright, its use must have occurred in a nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty.
Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Studies have attempted to determine whether there is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. This includes the right to decide to distribute the work for free.
This part of copyright is often overseen. The phrase "exclusive right" means that only the copyright holder is free to exercise those rights, and others are prohibited from using the work without the holder's permission.
Copyright is sometimes called a "negative right", as it serves to prohibit certain people e. In this way it is similar to the unregistered design right in English law and European law. There is, however, a critique which rejects this assertion as being based on a philosophical interpretation of copyright law that is not universally shared.
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There is also debate on whether copyright should be considered a property right or a moral right. Copyright term and List of countries' copyright length Expansion of U. Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work e.
In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is a fixed number of years after the date of creation or publication. Under most countries' laws for example, the United States  and the United Kingdom copyrights expire at the end of the calendar year in question.
The length and requirements for copyright duration are subject to change by legislation, and since the early 20th century there have been a number of adjustments made in various countries, which can make determining the duration of a given copyright somewhat difficult. For example, the United States used to require copyrights to be renewed after 28 years to stay in force, and formerly required a copyright notice upon first publication to gain coverage.
In Italy and France, there were post-wartime extensions that could increase the term by approximately 6 years in Italy and up to about 14 in France. Many countries have extended the length of their copyright terms sometimes retroactively. International treaties establish minimum terms for copyrights, but individual countries may enforce longer terms than those.
But if the intended exploitation of the work includes publication or distribution of derivative work, such as a film based on a book protected by copyright outside the U. If the author has been dead more than 70 years, the work is in the public domain in most, but not all, countries.
Inthe length of a copyright in the United States was increased by 20 years under the Copyright Term Extension Act. This legislation was strongly promoted by corporations which had valuable copyrights which otherwise would have expired, and has been the subject of substantial criticism on this point. Limitations and exceptions to copyright In many jurisdictions, copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses.
US copyright does NOT cover names, title, short phrases or Listings such as ingredients, recipes, labels, or formulas. Although about three million computers get sold every year in China, people don't pay for the software. Someday they will, though. And as long as they're going to steal it, we want them to steal ours. They'll get sort of addicted, and then we'll somehow figure out how to collect sometime in the next decade. The strong tradeoffs that favor using digital piracy in developing economies dictate the current neglected law enforcements toward digital piracy.
A visitor from the west gave her bootlegged copies of American movieswhich she dubbed for secret viewings through Romania.
In countries with copyright legislation, enforcement of copyright is generally the responsibility of the copyright holder. For example, major motion-picture corporation MGM Studios filed suit against P2P file-sharing services Grokster and Streamcast for their contributory role in copyright infringement. Grokster case did not overturn the earlier Sony v. Universal City Studios decision, but rather clouded the legal waters; future designers of software capable of being used for copyright infringement were warned.
If the work was produced under corporate authorship it may last years after creation or 95 years after publication, whichever is sooner.
Article 50 of the Agreement on Trade-Related Aspects of Intellectual Property Rights TRIPs requires that signatory countries enable courts to remedy copyright infringement with injunctions and the destruction of infringing products, and award damages. In some jurisdictions, copyright or the right to enforce it can be contractually assigned to a third party which did not have a role in producing the work.
When this outsourced litigator appears to have no intention of taking any copyright infringement cases to trial, but rather only takes them just far enough through the legal system to identify and exact settlements from suspected infringers, critics commonly refer to the party as a " copyright troll ". Such practices have had mixed results in the U. Criminal Copyright Law in the United States Punishment of copyright infringement varies case-by-case across countries.
To establish criminal liability, the prosecutor must first show the basic elements of copyright infringement: The government must then establish that defendant willfully infringed or, in other words, possessed the necessary mens rea. Misdemeanor infringement has a very low threshold in terms of number of copies and the value of the infringed works.
The ACTA trade agreementsigned in May by the United States, Japan, and the EU, requires that its parties add criminal penalties, including incarceration and fines, for copyright and trademark infringement, and obligated the parties to actively police for infringement.
The ruling gave rise to what became known as the "LaMacchia Loophole", wherein criminal charges of fraud or copyright infringement would be dismissed under current legal standards, so long as there was no profit motive involved. The court's ruling explicitly drew attention to the shortcomings of current law that allowed people to facilitate mass copyright infringement while being immune to prosecution under the Copyright Act.
Proposed laws such as the Stop Online Piracy Act broaden the definition of "willful infringement", and introduce felony charges for unauthorized media streaming. These bills are aimed towards defeating websites that carry or contain links to infringing content, but have raised concerns about domestic abuse and internet censorship.
Noncommercial file sharing[ edit ] Legality of downloading[ edit ] To an extent, copyright law in some countries permits downloading copyright-protected content for personal, noncommercial use.
The Copyright Directive was not intended to legitimize file-sharing, but rather the common practice of space shifting copyright-protected content from a legally purchased CD for example to certain kinds of devices and media, provided rights holders are compensated and no copy protection measures are circumvented. Rights-holder compensation takes various forms, depending on the country, but is generally either a levy on "recording" devices and media, or a tax on the content itself.
- Copyright infringement
In some countries, such as Canada, the applicability of such laws to copying onto general-purpose storage devices like computer hard drives, portable media players, and phones, for which no levies are collected, has been the subject of debate and further efforts to reform copyright law.
In some countries, the personal copying exemption explicitly requires that the content being copied was obtained legitimately — i. Other countries, such as the Netherlands, make no such distinction; the exemption there had been assumed, even by the government, to apply to any such copying, even from file-sharing networks. However, in Aprilthe Court of Justice of the European Union ruled that "national legislation which makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources cannot be tolerated.
For example, in Canada, even though it was once legal to download any copyrighted file as long as it was for noncommercial use, it was still illegal to distribute the copyrighted files e.
However, this only applies to "bootleg distribution" and not non-commercial use. However, questions of liability have also emerged in relation to other Internet infrastructure intermediaries, including Internet backbone providers, cable companies and mobile communications providers. Litigation and legislation concerning intermediaries[ edit ] Early court cases focused on the liability of Internet service providers ISPs for hosting, transmitting or publishing user-supplied content that could be actioned under civil or criminal law, such as libeldefamationor pornography.
The first laws on online intermediaries' liability were passed from the mids onwards. Digital Millennium Copyright Act and the European E-Commerce Directive provide online intermediaries with limited statutory immunity from liability for copyright infringement. Online intermediaries hosting content that infringes copyright are not liable, so long as they do not know about it and take actions once the infringing content is brought to their attention.
Under European law, the governing principles for Internet Service Providers are "mere conduit", meaning that they are neutral 'pipes' with no knowledge of what they are carrying; and 'no obligation to monitor' meaning that they cannot be given a general mandate by governments to monitor content.
These two principles are a barrier for certain forms of online copyright enforcement and they were the reason behind an attempt to amend the European Telecoms Package in to support new measures against copyright infringement. Legal action against such intermediaries, such as Napsterare generally brought in relation to principles of secondary liability for copyright infringement, such as contributory liability and vicarious liability. In this animation, the colored bars beneath all of the seven clients in the upper region above represent the file, with each color representing an individual piece of the file.
After the initial pieces transfer from the seed large system at the bottomthe pieces are individually transferred from client to client.
The original seeder only needs to send out one copy of the file for all the clients to receive a copy. These types of intermediaries do not host or transmit infringing content, themselves, but may be regarded in some courts as encouraging, enabling or facilitating infringement by users. These intermediaries may include the author, publishers and marketers of peer-to-peer networking software, and the websites that allow users to download such software. In the case of the BitTorrent protocol, intermediaries may include the torrent tracker and any websites or search engines which facilitate access to torrent files.
Torrent files don't contain copyrighted content, but they may make reference to files that do, and they may point to trackers which coordinate the sharing of those files. Some torrent indexing and search sites, such as The Pirate Bay, now encourage the use of magnet linksinstead of direct links to torrent files, creating another layer of indirection; using such links, torrent files are obtained from other peers, rather than from a particular website.
Since the late s, copyright holders have taken legal actions against a number of peer-to-peer intermediaries, such as pir, GrokstereMuleSoulSeekBitTorrent and Limewireand case law on the liability of Internet service providers ISPs in relation to copyright infringement has emerged primarily in relation to these cases.
The decentralised structure of peer-to-peer networksin particular, does not sit easily with existing laws on online intermediaries' liability. The BitTorrent protocol established an entirely decentralised network architecture in order to distribute large files effectively. Recent developments in peer-to-peer technology towards more complex network configurations are said to have been driven by a desire to avoid liability as intermediaries under existing laws.
Only certain types of works and kinds of uses are protected;  only unauthorized uses of protected works can be said to be infringing. Non-infringing uses[ edit ] Article 10 of the Berne Convention mandates that national laws provide for limitations to copyright, so that copyright protection does not extend to certain kinds of uses that fall under what the treaty calls "fair practice", including but not limited to minimal quotations used in journalism and education.
In common law systems, these fair practice statutes typically enshrine principles underlying many earlier judicial precedents, and are considered essential to freedom of speech. Compulsory licensing laws generally say that for certain uses of certain works, no infringement occurs as long as a royaltyat a rate determined by law rather than private negotiation, is paid to the copyright owner or representative copyright collective. Some fair dealing laws, such as Canada's, include similar royalty requirements.
That is, a copy of someone else's original idea is not infringing unless it copies that person's unique, tangible expression of the idea. Some of these limitations, especially regarding what qualifies as original, are embodied only in case law judicial precedentrather than in statutes. Likewise, courts may require computer software to pass an Abstraction-Filtration-Comparison test AFC Test   to determine if it is too abstract to qualify for protection, or too dissimilar to an original work to be considered infringing.
Furthermore, there is no standard or universally accepted test; some courts have rejected the AFC Test, for example, in favor of narrower criteria. The POSAR test,  a recently devised forensic procedure for establishing software copyright infringement cases, is an extension or an enhancement of the AFC test.