Copyright Infringement

  • 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.
  • Important Dates

    1. 1886: Berne Convention accepted by Berne, SwitzerlandCornell University: BERNE CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS
    2. 1908: First-sale Doctrine recognizedFree Government Information: Happy 100th birthday First Sale Doctrine!!
    3. 1988: The United States signed the Berne ConventionJournal of the American Institute for Conservation: 3 THE BERNE CONVENTION AND INTERNATIONAL INFLUENCES
    4. 1990: Computer Misuse Act became effectiveOffice of Public Sector Information: Computer Misuse Act 1990
    5. 1997: No Electronic Theft Act passedCopyright.gov: No Electronic Theft (NET) Act of 1997

  • Elements or Proof of Copyright Infringement

    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 'common knowledge', history or released into the 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?

    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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