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Copyright Infringement

Simone Pentassuglia

Created on May 13, 2024

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Transcript

What it is?

How it works?

5 things about

The Copyright Infringement

Real-World examples

Some Issues

Interesting FAQs

What Is Copyright Infringement?

Copyright infringement is the use or production of copyright-protected material without the permission of the copyright holder. Copyright infringement means that the rights afforded to the copyright holder, such as the exclusive use of a work for a set period of time, are being breached by a third party. Music and movies are two of the most well-known forms of entertainment that suffer from significant amounts of copyright infringement.

How Copyright infringement works?

Individuals and companies who develop new works and register for copyright protection do so in order to ensure that they can profit from their efforts. Other parties may be granted permission to use those works through licensing arrangements or may purchase the works from the copyright holder; however, several factors may lead other parties to engage in copyright infringement.

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Copyright infringement issues

Copyright infringement issues have varied over the years, but with rapid advances in technology, the Copyright Office has faced a growing number of issues in an effort to keep pace with innovation.

  1. Technology
  2. International Issues
  3. Photography & Visual Assets
  4. Non-Economic Rights
  5. The Internet

Real-world examples of copyright infringement

One example is the music industry, which was caught off guard by the development of online music-sharing websites such as Napster.

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frequentlt-asked questions about copyright infringement

How Long Does Copyright Protection Last?

Is Copyright Infringement Illegal?

How Do You Prove Copyright Infringement?

Napster was an online music website that allowed peer-to-peer sharing of music files through their network. Customers would share or distribute music of various artists for free. Record companies within the music industry sued Napster for copyright infringement to protect their intellectual property and won their case. Napster was found in violation of copyright laws because, in part, the company knew of the widespread distribution and did not do enough to stop it. Also, the music was copied and used by customers, which was financially harmful to record companies and the sale of their music. Napster was also found to have financially benefited at the expense of record companies by allowing the copy and distribution of music.

How Do You Prove Copyright Infringement?

In some cases, copyright infringement can be difficult to prove. Steps an individual can take to prove copyright infringement has occurred is first to prove they have ownership of the copyright. The next step would be to prove that the alleged infringing individual had access to this copyrighted work, and then to prove that the original copyrighted item has been copied. If the alleged copied work is not identical or very similar to the original work, it can be difficult to prove copied elements.

Technology

Modern technology makes it relatively easy to copy a product or information, and some companies derive a substantial part of their revenue from replicating what other companies have created.

International Issues

Copyright infringement and the resulting laws surrounding protection can vary from country to country, with different options for recourse and different amounts of protection. In an international setting, it can be difficult to prove copyright ownership, and domestic courts may see the enforcement of copyright claims from international companies as a threat to national productivity. Some international organizations, such as the European Union, attempt to keep the regulations and enforcement guidelines of its member countries as harmonized as possible.

The Internet

The growing importance of the Internet has created new obstacles for copyright holders. It is easier than ever for copyrighted materials to be accessed by companies around the world, and the creation of new technologies has outpaced the regulatory environment’s ability to ensure that copyrights apply to new formats.

Non-Economic Rights

Not all copyright infringement results in a measurable monetary loss. Moral rights are enforced as well, which cover an author's right to be identified as the author of a work; called the right of attribution. Also, authors look to prevent changes or distortions of their work; called the right of integrity.

Is Copyright Infringement Illegal?

Yes, copyright infringement is illegal. Most often copyright infringement is a civil issue rather than a criminal one. Penalties for copyright infringement usually include a fine and/or payment to the injured party.

Photography and Visual Assets

With the advances in digital imagery, it's become easier than ever to copy an image. Over the past few years, the Copyright Office has been made aware of various copyright issues from photographers, illustrators, and graphic artists.

How Long Does Copyright Protection Last?

Copyright protection for works created after Jan. 1, 1978, lasts for the life of the creator plus 70 years. For anonymous work, pseudonymous work, or work made for hire, copyright protection lasts for 95 years from the date of first publication or 120 years from the date of creation, whichever expires first. For works created before 1978, the length of copyright protection varies on a variety of factors.

Reasons include a high price for the authorized work or a lack of access to a supply of the authorized work.