Week 5- Copyright and Trademark

Week 5- Copyright and Trademark - Infringement exceptions...

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Infringement exceptions and defenses Ways to infringe copying: directly (copying) indirectly: Vicarious liability/ Vicarious copyright infringement when one person has right and ability to supervise the infringing activity of another person and has a financial interest in the infringement Contributory infringement: know about the infringing activity and contributes to the activity First sale doctrine : The owner of a copyrighted work may resell that work without violating the rights of the distribution (owner must have acquired it under US law ie 2nd hand books) Fair use : reproduction for use in criticism, comment, news reporting, teaching (multiple copies for class use), scholarship, or research is not infringement of copyright as determined by 1)purpose and character of the use (commercial or nonprofit educational purpose) 2)nature of the copyrighted work 3)amount of substantially of the portion used in relation to the copyrighted work as a whole 4)effect of the use upon the potential market for or value of the copyrighted work. Digital Millennium Copyright act (DMCA) Two major themes in the DMCA : Safe harbor for ISPs , cant be liable for damages from infringement activity from use of their service. Safe harbors available upon meeting conditions of (adopting/implementing policy that terminates subscription of repeat infringers; notifying/informing subscribers and account holders of policy). No monetary or injunctive relief for A) transitory digital network communication : transmitting, routing, providing connections for materials through a system or network of the provider if the transmission is by a person other than the provider as the provider is merely a conduit. Service provider: entity offering transmission between or among points specified by user, of material of user’s choosing, without modification to content of material sent or received. B) system caching : intermediate and temp storage of material on system network as a result of transmitting C) information residing on system or network at direction of users : for storage at the direction of the user or material that resides on a system or network controlled operated by or for the service provider. 1. Knowledge a. does not have knowledge that material or activity using the system network is infringing b. in absence of such knowledge, is not aware of facts or circumstances from which infringing activity is apparent c. upon obtaining such knowledge or awareness, acts expeditiously to remove or disable access to the material 2. Service provider does not financially benefit directly attributable to the infringing activity in a case in which the service provider has the right and ability to control such activity 3. Upon notification of claimed infringement from copyright owner, has to expeditiously remove or disable access to material
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This note was uploaded on 02/25/2012 for the course TCM 6030 taught by Professor Thomastuytschaevers during the Summer '11 term at Northeastern.

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Week 5- Copyright and Trademark - Infringement exceptions...

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