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Copyright infringement occurs when works that fall under copyright protection are used in whole or in part (with the exclusion of Fair Use) without the copyright holder's permission. The owner of the copyright (not necessarily the creator of the work) holds the rights to the material and is the only one who can give permission for others to use it.
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Fast Facts
- Also known as copyright violation
- The term "piracy" came before copyrightRenascence Editions: The Wonderfull yeare. 1603.
- The Memorandum of Understanding was signed by China to combat online copyright infringementThe Age: China signs memorandum to crack down online copyright infringement (December 15, 2006)
- The U.S. did not accept article six, moral rights, of the Berne ConventionPlagarism Today: U.S. vs. Europe: Moral Rights
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Important Dates
- 1886: Berne Convention accepted by Berne, SwitzerlandCornell University: BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
- 1908: First-sale Doctrine recognizedFree Government Information: Happy 100th birthday First Sale Doctrine!!
- 1988: The United States signed the Berne ConventionJournal of the American Institute for Conservation: 3 THE BERNE CONVENTION AND INTERNATIONAL INFLUENCES
- 1990: Computer Misuse Act became effectiveOffice of Public Sector Information: Computer Misuse Act 1990
- 1997: No Electronic Theft Act passedCopyright.gov: No Electronic Theft (NET) Act of 1997
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Copyright Infringement Defenses
- Independent Creation: A piece of work was created independently, but contains similarities to previously copyrighted work.
- De Minimis Copying: Material used is considered trivial.
- First-sale Doctrine: Material purchased may be sold or given to another as long as additional copies aren't made.
- Fair Use: Materials can be used for scholarship or review as long as they follow the four-factor balancing test.
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What is Joke Thievery?
Joke Thievery|Joke thievery occurs when a comedian's jokes or material are used by another comic without receiving consent from the original source.Wall Street Journal: Update: Joke Thievery (July 24, 2007) -
What is a Sample Troll?
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.Boing Boing: Sample troll shaking down all of hip-hop (November 17, 2006) -
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What is Copyright Infringement?
Copyright infringement is the civilly illegal use of creative works without the permission of the owner of the copyright on the works. The owner of the copyright is usually, though not always, the person who created the work. Copyrighted work can include music, video, writing, painting, photographs, lyrics and creative, tangible works.Once the work is put into a tangible form--a form in which others can read it, see it, or use it in some way--it is given an instant natural copyright, granted to the person who created the work. That person then has the option of getting a registered copyright, which allows more protection in court should copyright infringement occur. If the creator doesn't choose to register the copyright, a natural copyright is still in place on the work.
Only the creator of the work at this point has the right to grant anyone else permission to use the work, in any fixed means, other than the exclusions granted by Fair Use. The copyright holder can choose to transfer the copyright to someone else (usually, but not always for monetary exchange), or to license others to use the work. If the copyright is transferred to someone else, then only the copyright owner has the right to grant permission.
Any use of the work--not included in the Fair Use exclusion--that is used without the express permission of the copyright owner is considered copyright infringement.
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Questions and Answers About Copyright Infringement | View All | Ask a Question
View All Copyright Infringement Questions (96) | Ask a QuestionI want to build a facebook application that acts as a NFL football pool. Am I infringing trademarks by using team names? (3 Answers)According to the NFL the team names are trademarks so they would not be able to be used without consent: "NFL and the NFL shield design are registered trademarks of ... read moreWhat is the issue with copyrighted images and Mahalo? (4 Answers)To preface, I take this topic pretty seriously. I'm a "professional" photographer (yes, the quotes were on purpose) who sells photographs online. I never want these photos distributed in the ... read moreCable companies monitoring their customers' internet usage? Copyright infringement? Blah blah blah... (2 Answers)Hi, this is only from my personal experience/opinion so please don't take any of my words seriously. From my understanding when someone downloads Torrent files it's not tracked but when ... read moreCopyrighted or Creative Commons images in Mahalo pages? (2 Answers)There are four factors to consider when deciding if something is considered Fair Use. 1. The purpose and character of the use, including whether such use is of commercial nature ... read more
Ask a Question about Copyright Infringement 140 characters
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Copyright Infringement on Twitter Powered by Twitter
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@TonyEmmerson fascinating... I'm no fan of copyright infringement but with your blessing will point my friend to enjoy this too- thx!
@Miss_Higgs | November 08, 2009 10:27 PM -
@CHCLATELAXATIVE UH UH COPYRIGHT, INFRINGEMENT WHERE IS MY CREDIT?! hell nah.
@DitiSays | November 08, 2009 10:13 PM -
RT @BossP #rihannasforehead owes my forehead for copyright infringement--funniest thing I've read all day lol
@kajani500 | November 08, 2009 10:01 PM -
http://twitpic.com/ot18y - My contacts in austin tx spotted this copyright infringement. I'm suing
@SpazTCat | November 08, 2009 10:00 PM -
@AQUAFINA_GINA yess lol copyright infringement on my smileys :~{ @cnotethalyracis
@taydabsexy | November 08, 2009 09:41 PM
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Copyright Infringement on Twitter Powered by Twitter
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@TonyEmmerson fascinating... I'm no fan of copyright infringement but with your blessing will point my friend to enjoy this too- thx!
@Miss_Higgs | November 08, 2009 10:27 PM -
@CHCLATELAXATIVE UH UH COPYRIGHT, INFRINGEMENT WHERE IS MY CREDIT?! hell nah.
@DitiSays | November 08, 2009 10:13 PM -
RT @BossP #rihannasforehead owes my forehead for copyright infringement--funniest thing I've read all day lol
@kajani500 | November 08, 2009 10:01 PM -
http://twitpic.com/ot18y - My contacts in austin tx spotted this copyright infringement. I'm suing
@SpazTCat | November 08, 2009 10:00 PM -
@AQUAFINA_GINA yess lol copyright infringement on my smileys :~{ @cnotethalyracis
@taydabsexy | November 08, 2009 09:41 PM
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Copyright Infringement and Plagiarism
Copyright infringement and plagiarism are not the same thing, but the two do usually go hand-in-hand. Copyright infringement means to use someone else's works, in whole or in part, with or without attribution, but always without permission.Plagiarism is using someone else's works as though it were your own, by either passing it off as though you wrote it or by failing to properly attribute the work, letting others believe you completed the work yourself. Plagiarism also doesn't require an exact copy of the work to be considered plagiarized, as long as a good portion of the work is obviously from someone else.
When copyright infringement and plagiarism go together, it's usually because someone copied someone else's creative works, in whole or in part, and then allowed it to appear they were the original creator.
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Copyright Infringement News
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Q&A: BlueBeat's Hank Risan on selling downloads, the Beatles and 'psychoacoustics'
If the actual sounds are being manipulated in any way, then it's an infringement. Otherwise, if it's an independent simulation, it's not. ...Los Angeles Times (November 07, 2009) -
Lil Wayne Back in Court, Faces Copyright Infringement
A Florida singer filed a copyright infringement lawsuit Friday alleging rappers Lil Wayne and Birdman used his voice in songs on their 2006 album, ...Avvo (November 03, 2009) -
Copyright Treaty Is Policy Laundering at Its Finest
Only if they fail to do so can they be held liable in court, and face up to $150000 in damages per infringement. Under the US proposal described in the memo ...Wired News (November 04, 2009) -
Beatles Albums Stopped from Downloading on Bluebeat Website
... cost download music site, Bluebeat.com has suspended selling of the musical group The Beatles music due to a copyright infringement claim it received. ...PressZoom (press release) (November 07, 2009)
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