Eleanor Finch
Copyright infringement refers to the act of violating the exclusive rights of a copyright holder without their permission. This can take various forms, such as copying or distributing copyrighted works without authorization, using copyrighted material for commercial gain, or importing copyrighted works into a country in violation of its copyright laws. While the terms piracy and theft are often associated with copyright infringement, courts have distinguished between these terms, noting that copyright infringement involves interfering with the exclusive rights of the copyright holder rather than stealing physical objects. Copyright infringement disputes can be resolved through negotiation, legal processes, or litigation in civil court, with remedies including injunctions, destruction of infringing products, and financial damages.
| Characteristics | Values |
|---|---|
| Definition | Violating the exclusive rights afforded to a copyright owner without their permission |
| Types | Primary infringement, secondary infringement |
| Primary Infringement Requirements | Proof of copying from the copyrighted work, i.e., the ability to see and then copy the copyrighted work |
| Secondary Infringement Targets | Those further down the supply chain |
| Remedies | Direct negotiation, notice and take down process, litigation in civil court, criminal justice system |
| Penalties | Monetary damages, loss of benefits, attorney's fees, 5-year felony |
| Preventative Measures | Get copyright owner's permission, ensure work does not resemble copyrighted work |
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What You'll Learn
Using images without permission
In the case of a student using images downloaded from National Geographic online for an assignment without permission, this would be copyright infringement. However, there are certain circumstances where using copyrighted images without permission may be permissible under the fair use doctrine. This includes using the image for commentary, criticism, news reporting, educational purposes, or ""transformative" use, where the image is altered to convey a new meaning or message.
To avoid copyright infringement, it is recommended to use images with Creative Commons licensing, which allows reuse, or to check the copyright license on any image to ensure it can be used for the intended purpose. Creating your own images is also a simple way to avoid copyright infringement, as you own the rights to your work and can use, alter, and distribute it as you wish.
It is important to be aware of the specific laws and regulations regarding copyright infringement, as well as the terms and conditions of websites and social media platforms when posting or using images. If you are unsure, it is always best to seek permission from the copyright owner or consult an attorney or counsel for legal advice.
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Reproducing copyrighted material for fair use
Reproducing copyrighted material without the copyright owner's permission is generally prohibited. However, the "fair use" doctrine provides some exceptions to this rule.
The "fair use" doctrine allows limited reproduction of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. For example, quoting or excerpting a copyrighted work for illustration or commentary purposes in a review or news article is generally considered fair use. Similarly, using copyrighted material for educational purposes in a classroom setting can also fall under fair use. This includes reproducing copyrighted material for classroom teaching or using multimedia content for instructional activities.
It's important to note that fair use is determined on a case-by-case basis, and certain factors are considered when determining whether a particular use is fair. These factors include the purpose of the use (commercial vs. educational), the nature of the copyrighted work (informational or entertainment), the amount of the copyrighted work used, and the impact of the use on the market value of the copyrighted work. Additionally, when dealing with multimedia content, there may be multiple copyrights to consider, such as the copyright for the underlying work of art and the copyright for the photograph.
While fair use provides some flexibility in reproducing copyrighted material, it is not a blanket exemption. In cases of doubt, it is recommended to obtain permission from the copyright owner to avoid infringement.
By understanding and applying the principles of fair use, individuals can make limited use of copyrighted works without infringing on the exclusive rights of copyright owners. However, each situation must be carefully evaluated to ensure that the use falls within the fair use doctrine.
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Using Creative Commons images without checking
Creative Commons (CC) licenses are a great way to find images that can be used for a variety of purposes. They are especially useful when it is not possible or practical to get permission from the copyright owner. However, it is important to remember that not all Creative Commons images can be used in the same way. There are different types of CC licenses, each with its own set of requirements. Therefore, using Creative Commons images without checking the specific license requirements can constitute copyright infringement.
CC licenses have a limited effect on the rights of the licensor. For example, if the licensor holds publicity, personality, or privacy rights, they may still be able to restrict your ability to use the material as the license intends. Additionally, CC licenses contain a disclaimer of warranties, meaning that the licensor does not guarantee that they own the copyright or have received permission to include third-party content within their work. As such, it is important to always check the specific license requirements before using a Creative Commons image.
Different CC licenses have different rules. For example, some licenses may allow you to use, share, and modify the image, while others may have more restrictions. It is also important to remember that CC licenses do not allow sublicensing. This means that you cannot grant a license to a platform with respect to the rights in any CC-licensed content that you do not own. For instance, if you share a CC-licensed image on Facebook that you downloaded from Flickr, you cannot grant Facebook any rights to that image under copyright.
To avoid copyright infringement, it is crucial to double-check the license terms and follow them. You should also familiarize yourself with the terms and conditions of any service you are using to share or publish the image. When attributing a Creative Commons image, it is generally recommended to include the title of the work, the name of the creator, a link to the website where the image is hosted, and the type of Creative Commons license applicable. By following these guidelines, you can ensure that you are using Creative Commons images responsibly and legally.
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Copying Shakespeare without credit
Copyright infringement is a serious issue, and understanding what constitutes such infringement is essential. Copying Shakespeare without credit may fall under this category, but it is a complex issue with historical nuances.
Firstly, it is important to acknowledge that William Shakespeare's works are now in the public domain. This means that, generally, anyone can use, adapt, and share his works without facing copyright restrictions. This is because Shakespeare's works either never had copyright protection or have had their copyrights expire. As a result, individuals are free to perform, cut, change, alter, and rewrite Shakespeare's plays without legal repercussions.
However, the concept of “idea submission” adds a layer of complexity to this discussion. In the case of Blaustein v. Burton, a plaintiff presented the idea of a film based on a Shakespeare play to the defendants. While the defendants did create such a film, they failed to credit or compensate the plaintiff, leading to a breach of contract action. This case demonstrates that while Shakespeare's works themselves may not be protected by copyright law, the submission of ideas based on his works can be.
Furthermore, copyright infringement can also come into play when adapting Shakespeare's works in combination with the works of living writers. In this case, the living writer would hold the copyright for their contribution. For example, in Miller v. Miramax, two authors claimed that the film "Shakespeare in Love" infringed their screenplay "The Dark Lady," which featured similar themes and creative choices.
In conclusion, while copying Shakespeare without credit may not constitute copyright infringement due to his works being in the public domain, it is important to consider the potential for "idea submission" claims and the inclusion of works by contemporary writers, which could lead to legal complications.
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Using a song in an advert without permission
Copyright infringement occurs when copyrighted content is used without the permission of the copyright holder. Using a song in an advert without permission from the copyright holder is a clear case of copyright infringement and can lead to legal repercussions.
To use a copyrighted song in an advertisement, it is essential to obtain a license from the copyright holder or their authorized representatives. This can be done through music licensing organizations or performing rights organizations (PROs) like ASCAP, BMI, and SESAC. These entities can provide guidance and legal advice on the specific usage permissions granted with each license.
The nature of the content being created also plays a role in determining whether the use of copyrighted music can be considered "fair use." Fair use is a legal principle that allows limited use of copyrighted material without requiring permission from the copyright holder. However, fair use typically applies to instructional, educational, or transformative purposes, and it generally does not extend to commercial settings, such as advertisements or other for-profit contexts.
If a company uses copyrighted music in an advertisement without obtaining the necessary licenses or ensuring fair use, they expose themselves to legal and reputational risks. In a copyright infringement lawsuit, the copyright holder can prevent further unauthorized use of their material and may seek monetary compensation, particularly if they can demonstrate financial losses or damages caused by the infringement.
To summarize, using a song in an advert without permission is a clear violation of copyright law. To avoid legal repercussions, it is crucial to obtain the appropriate licenses from the copyright holder or their representatives and to understand the nature of fair use exemptions.
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Frequently asked questions
Yes, unless the images have a Creative Commons license that allows reuse or you have the copyright owner's permission.
No, you must always cite your sources, even if the license allows reuse.
No, you are free to reproduce facts or ideas without infringing copyright.
Yes, unless you have the copyright owner's permission or your use falls under the fair use defense.
