C/R INFRINGEMENT

C/R INFRINGEMENT - Thursday, April 03, 2008 Copyright...

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Thursday, April 03, 2008 Copyright Infringement Digital Millennium Copyright Act o Address issues with digitally formatted intellectual property Selected mandates o Crime to circumvent anti-piracy measures o Outlaws the manufacture, sale, or distribution of code-cracking devices o Exemptions from anti-circumvention provisions o In general, limits ISPs from copyright infringement liability for simply transmitting info over the internet o ISPs are expected to remove material from users’ websites that appears to constitute copyright infringement o Limits liability of nonprofit institutions of higher education DMCA concerns o Chills free expression and scientific research o Jeopardizes fair use o Impedes competition and innovation Copyright Infringement o Unauthorized use of material protected by copyright law o C/R Infringement is a strict liability tort o Copyright holders can sue infringers and in extreme cases, criminal charges can be filed Types of Infringement o Direct C/R Infringement o Contributory C/R Infringement o Vicarious Liability Direct C/R Infringement
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o Plaintiff has to prove Infringer copied from plaintiffs work It was so material or substantial, as to constitute it as unlawful Example: Basic Books V Kinko’s o Kinko’s reproduced excerpts of copyrighted works and created course packs o Kinko’s paid no royalty fees and course packs sold for profit o Basic books and other publishing houses sued for copyright infringement
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C/R INFRINGEMENT - Thursday, April 03, 2008 Copyright...

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