Fair use is frequently determined during copyright infringement litigation. A copyright holder (the plaintiff) will accuse someone of infringing on their work (the defendant). The defendant accused of infringement can now argue that the infringement was justified under the fair use doctrine. This doctrine is based on 17 U.S. Code 107, which is part of… Continue reading Factors Courts Consider in a Copyright Infringement Case
Authors, poets, artists, and film creators, among others, have their rights to their original works protected by copyright law. A work must be “fixed in a physical medium of expression” to qualify for copyright protection. This implies that the work must exist in some physical form for at least some time, regardless of how fleeting.… Continue reading Understanding Copyright Protection
It’s understandable that you’d want to preserve your unique work, which you’ve put a lot of time and effort into making. Getting copyright doesn’t guarantee that no one will try to steal or profit from your work, but it does provide you the option of filing a copyright and trademark infringement action to stop them… Continue reading Copyright Infringement: How Are Damage Amounts Determined?
In the 1970s and 1980s, there was a lot of debate on whether computer software should be protected by the patent system, the copyright system, or a sui generis system. Following these debates, it was decided that computer programmes should be protected by copyright, whilst apparatus including computer software or software-related discoveries should be protected… Continue reading Copyright Protection: Computer Software and Application
Secondary copyright infringement is a legal theory that allows a person to be held liable for copyright infringement, even though they didn’t engage in the actual infringement activities themselves. It involves the defendant inducing, causing, or contributing to material copyright infringement activities. Secondary copyright infringement may carry with it some strict legal consequences. It is… Continue reading What is Secondary Copyright Infringement?
Copyright law grants content creators exclusive rights to reproduce and sell their creations. The rights to reproduce, perform and distribute the copyrighted work are among the exclusive rights granted by 17 U.S.C. 106 of the Copyright Act of 1976. For example, if you write a book, no one else can photocopy and sell it without… Continue reading How Copyright Law Protects Creators of Original Works?
While every company understands the need of protecting its intellectual property, it’s easy to become confused about what sort of intellectual property safeguards. Even prominent publications frequently get it incorrect, reporting that a corporation owns a patent on a word r copyright to a technique or procedure. Here’s a quick guide on distinguishing between copyright,… Continue reading Difference Between Copyright, Patent & Trademark?