Understanding Copyright Law: Infringement Types, Defenses, and Key Concepts, Slides of Fundamentals of E-Commerce

Download Understanding Copyright Law: Infringement Types, Defenses, and Key Concepts and more Slides Fundamentals of E-Commerce in PDF only on Docsity! Substantial Part
Not a precise measure
Was the amount used so slight that it was impossible to recognise the piece from which it came
Examples
A few bars of music lasting 20 seconds from a total piece of 4 minutes was a substantial part
A 127 bit sequence form a program of forty million bits Docsity.com Objective Similarity
In its simplest form – an exact copy
May be objectively similar even if they do not look like the original after transfer into another media
Examples
A “cover” of a song was not an infringement
A book transformed into a film was an infringement Docsity.com Types of Infringement
Direct
Person undertakes an act that is an exclusive right of the copyright owner
Temporary copying
a program from a hard drive to RAM for the purposes of using the program
During Internet browsing is permissible Docsity.com Types of Infringement
Indirect Infringement Where a person
Imports infringing articles
Sells or trades in infringing articles
Permits a place of public entertainment to be used for a infringing performance of a literary, dramatic or musical work
Some parallel importing is now permitted (e.g. software) Docsity.com Copyright and the Internet
Framing & Linking
Shetland News Case
Involves no reproduction of the material because user gets material directly from copyright owner’s web site
Internet Service Providers
Only liable if they authorise their users to transmit infringing material Docsity.com Defences
Fair Dealing for the purpose of
Research or study
Criticism or review
Reporting of news
Judicial proceedings
Giving legal advice Involves an assessment of then purpose for which the person made the copy
Making a backup copy of a computer program Docsity.com Remedies
Damages
Compensation for economic loss
Exemplary damages
Not awarded for “innocent” infringement (e.g. by ISP)
Injunctions
Available even for “innocent” infringement
Criminal Proceedings Docsity.com