Copyright Infringement

Copyright infringement occurs when copyrighted material is used without authorization from the copyright owner. The owner has exclusive rights to the material and is the only one who can give permission for others to use it.

Fast Facts

1. Also known as copyright violation
2. The term "piracy" came before copyright¹
3. The Memorandum of Understanding was signed by China to combat online copyright infringement²
4. The U.S. did not accept article six, moral rights, of the Berne Convention³
5. Burden of proof lies with copyrighters to prove the unauthorized use of materials

Important Dates

1. 1886: Berne Convention accepted by Berne, Switzerland⁴
2. 1908: First-sale Doctrine recognized⁵
3. 1988: The United States signed the Berne Convention⁶
4. 1990: Computer Misuse Act became effective⁷
5. 1997: No Electronic Theft Act passed⁸

Elements

1. Must prove ownership of material
2. Must have proof of copied material
3. Must prove that the material used was not facts, ideas, themes or information that is public domain

Copyright Infringement Defenses

1. Independent Creation: A piece of work was created independently, but contains similarities to previously copyrighted work.
2. De Minimis Copying: Material used is considered trivial.
3. First-sale Doctrine: Material purchased may be sold or given to another as long as additional copies aren't made.
4. Fair Use: Materials can be used for scholarship or review as long as they follow the four-factor balancing test.

Partial Criminal Offenses List

1. Unauthorized copies of material (Music files/films on CD-Rs or DVD-Rs)
2. Distribution or sale of above materials
3. Distribution or sale of above materials on the Internet
4. Possession of above materials with intent to distribute or sell
5. Plagiarism

What is Joke Thievery?⁹

Joke thievery occurs when a comedian's jokes or material are used by another comic without receiving consent from the original source.

What is a Sample Troll?¹⁰

Sample trolls are people who copyright old music in order to make money from the music when it is sampled in newer pieces of work.

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