3 a licensor may claim copyright infringement if the

This preview shows page 26 - 28 out of 29 pages.

We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
CWNA Guide to Wireless LANs
The document you are viewing contains questions related to this textbook.
Chapter 3 / Exercise 7
CWNA Guide to Wireless LANs
Ciampa
Expert Verified
3.A licensor may claim copyright infringement if the licensee: 1.Used a copyrighted work in a manner or to an extent not authorized by the license. 2.Breaches a condition precedent to the license. 3.Breaches an agreement in such a manner as to justify recession. 4.Continues use of a copyrighted work after the license has been terminated. 4.Retroactive license from a one joint owner is not an effect dense to infringement action brought by another joint owner. 3.First Amendment 1.Several courts have addressed the issue of whether a defense based on the First Amendment protection of expression, separate from the fair use defense, should be recognized. To date, no appellate court has adopted such a defense in a published decision, though a compelling set of facts may persuade a court of the need for such a defense. 2.Free Exercise of Religion Clause does not provide a defense for copyright infringement.
We have textbook solutions for you!
The document you are viewing contains questions related to this textbook.
CWNA Guide to Wireless LANs
The document you are viewing contains questions related to this textbook.
Chapter 3 / Exercise 7
CWNA Guide to Wireless LANs
Ciampa
Expert Verified
4.Statute of Limitations1.3 year statute of limitations for copyright infringement actions [17 U.S.C. § 507(b)] 2.Determination of date of accrual1.Date begins with the actual knowledge of an act of infringement. 2.Discovery rule 1.Most courts use the discovery rule in copyright infringement actions, under which a claim accrues only when a plaintiff knows or has sufficient reason to know of the conduct on which the claim is grounded. 2.The question becomes when a reasonably prudent person in the plaintiff’s shoes would have discovered, or acquired an awareness of the putative infringement. 3.The reasonable person standard incorporates a duty of due diligence, under which a plaintiff canbe charged with inquiry notice, sufficient to start the statute of limitations clock. 3.Damages1.Majority—Each act of infringement is a distinct harm giving rise to an independent claim for relief. Recovery is allowed for those acts occurring within three years of the filing of the lawsuit, and is disallowed for earlier infringing acts. 2.Minority—Continuing tort doctrine, finding that only the last infringing act that constitutes a continuing tort need be within the statutory period. 4.Claims of Co-Ownership 1.Begins when plain and express repudiation of co-ownership is communicated to the claimant, and are barred three years from the time of repudiation. 5.Laches1.The equitable defense of laches applies when there has been a sufficient passage of time between the plaintiff’s knowledge of the injury and the date of bringing suit, and the presence of prejudice to the defendant. 6.Abandonment of Copyright 1.Occurs only if there is an intent by the copyright proprietor to surrender the rights in her work. 2.Failure to pursue third-party infringers is not an indication of abandonment.3.Abandonment of some rights is not abandonment of all rights. 7.Copyright Misuse 1.Does not invalidate the copyright, but precludes it enforcement during the period of misuse.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture