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Topic: Copyright infringement

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	NII - Part I: Law - Copyright Infringement
		Copyright infringement is determined without regard to the intent or the state of mind of the infringer; "innocent" infringement is infringement nonetheless.
		Courts have found contributory infringement liability, for instance, when a defendant chose the infringing material to be used in the direct infringer's work,[45] and vicarious liability when a defendant was responsible for the day-to-day activities where the infringement took place.
		Copyright would lose much of its value if third parties such as publishers and producers were insulated from liability because of their innocence as to the culpability of the persons who supplied them with the infringing material.
	www.ladas.com /NII/CopyrightInfringement.html (3872 words)

	U.S. Copyright Office - 128-Bit Browsers
		(b) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it.
		- The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.
		In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.
	www.copyright.gov /title17/92chap5.html (4719 words)

	Copyright Infringement [NYS-STLC]
		Anyone who violates any of the exclusive rights of the copyright owner, as provided by 17 USC §106, or of the author as provided in §106A, or who imports copies or phonorecords into the United States in violation of §602, is an infringer of the copyright or right of the author, as the case may be.
		Most copyright cases charge that the defendant is infringing one of the rights enumerated by §106 and not a violation of §106A. This is true because §106A deals only with a very limited moral right and is usually not applicable, at least in the United States.
		Unlike contributory infringement, but similar to the direct copyright infringement theory, knowledge of the underlying infringement is not an element of a claim for vicarious liability, and, therefore, innocence is no defense.
	nys-stlc.syr.edu /lawlibrary/copyright/infringement.aspx (1044 words)

	US Attorneys' Bulletin: Novel Internet Criminal Copyright Infringement Issues
		Copyright law is based on a simple premise enshrined in Anglo-American legal tradition: For a limited time, an original work in fixed form may not be copied (or otherwise infringed) without the permission of the copyright holder.
		Criminal copyright infringement is discussed in depth in chapter III of the manual.
		Infringement without profit motive is far more common in cases of Internet-based copyright infringement than it is in the physical world.
	www.cybercrime.gov /usamay2001_5.htm (4329 words)

	10 Big Myths about copyright explained
		However, it must be remembered that copyright has two main purposes, namely the protection of the author's right to obtain commercial benefit from valuable work, and more recently the protection of the author's general right to control how a work is used.
		Copyright is not lost because you don't defend it; that's a concept from trademark law.
		Copyright law was recently amended by the Digital Millennium Copyright Act which changed net copyright in many ways.
	www.templetons.com /brad/copymyths.html (2988 words)

	Warnings and Cautions for Writers--Coypright
		According to the Berne Convention (the international source for copyright law), an original expression is protected by copyright as soon as it's fixed in tangible form.
		The Supreme Court recently ruled against a challenge to the US Copyright Term Extension Act, which in 1989 extended the term of copyright to life-plus-70, saying essentially that because the power exercised by Congress to extend the term was within the scope of the Constitution, the Court couldn't overturn it.
		Myth #1: Copyright protection isn't invoked unless a copyright notice or the copyright symbol (the little "c" in a circle) is present.
	www.sfwa.org /Beware/copyright.html (1896 words)

	Copyright - Wikipedia, the free encyclopedia
		Use of a copyright notice — consisting of the letter C inside of a circle (that is, "©"), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder — was part of previous United States statutory requirements.
		Copyright concepts are under challenge in the modern era, primarily from the increasing use of peer to peer filesharing.
		Another point of distinction is that a copyright (and a patent) is generally subject to a statutorily-determined term, whereas a trademark registration may remain in force indefinitely if the trademark is periodically used and renewal fees continue to be duly paid to the relevant jurisdiction's trade marks office or registry.
	en.wikipedia.org /wiki/Copyrights (7217 words)

	CSUCI > Copyright Infringement
		A hard-copy of the Copyright Infringement Form (PDF, 40KB) is available in Acrobat PDF format.
		Claims of alleged infringement will be investigated and handled according to CSU Channel Islands policy and the law.
		My signature also certifies that that the information contained in this notification of copyright infringement is accurate and, under penalty of perjury, I am authorized to act on behalf of the owner of the copyright allegedly infringed.
	www.csuci.edu /copyright/copyright_infringement.htm (263 words)

	UCLA Policy 464: Online Copyright Infringement Liability Limitation
		Copyright: is the intangible right granted to the author or creator of an original literary or artistic work fixed in a tangible form of expression whereby the author or creator is invested, for a limited period, with the sole and exclusive privilege of reproducing, publishing and/or selling copies of that work.
		In the event that a Claim is received alleging copyright infringement on the part of a UCLA faculty member, staff member or student, Campus Officials, as designated herein, shall respond to evaluate the basis for the allegation and will take action, as warranted, to end the infringement in accordance with existing UC policies.
		If copyright infringement allegations are upheld and result in financial liability to the University, that liability shall be assigned to the department or unit of the infringer.
	www.adminvc.ucla.edu /appm/public/app_0464_0.html (1863 words)

	P-05: Copyright Infringement - Information fact sheet
		The copyright infringement fact sheet outlines suggested procedure to follow in the event that your work is infringed.
		Be clear in your mind that an infringement has actually occurred and that this is not simply a case of incidental inclusion or coincidence.
		If you are a trading company, and your work is being used by a competitor with a similar name, though not directly a copyright claim, if you can establish that you were there first, then the infringer may also be guilty of trading off your name or reputation.
	www.copyrightservice.co.uk /copyright/p05_copyright_infringement (1060 words)

	MHAL - Copyright Infringement Policy
		An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
		Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
		However, if the Library of Michigan is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity.
	www.michigan.gov /hal/0,1607,7-160-17445_19270-52108--,00.html (500 words)

	Copyright on the Internet (Site not responding. Last check: 2007-10-10)
		Copyright gives authors, artists and others the right to exclude others from using their works.
		Copyright notice is not required in the U.S. For many years, however, that was not true.
		Copyright Basics and other helpful bulletins are available at the Copyright Office.
	www.fplc.edu /tfield/copynet.htm (2082 words)

	JEP: Copyright in E-mail
		Copyright arises automatically as soon as a protectable work has been fixed in a tangible medium such as a floppy disk or hard drive.
		Also, as suggested by the word "copyright," a second work that merely happens to be very similar (or even identical) to an earlier one does not infringe if it was independently created.
		Since 1978, copyright notice has not been required in the U.S. Yet, some kind of notice on individual messages (if blanket notice is not provided in, say, a welcome message) may be useful.
	www.press.umich.edu /jep/05-01/field.html (1493 words)

	Copyright infringement - Wikipedia, the free encyclopedia
		Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.
		Illegally using text content, a form of copyright infringement is very common on the world wide web.
		Copyright holders and pro-copyright organizations commonly release statistics showing their estimated losses due to copyright infringement in an attempt to deter the activity.
	en.wikipedia.org /wiki/Copyright_infringement (1979 words)

	Copyright Infringement
		There are few legal ways you can use copyrighted material in these ways without first obtaining permission from the copyright holder.
		Copyright violation complaints must be reported to the designated university agent.
		Infringements of copyrights owned by NC State should be reported to the Office of Legal Affairs.
	www.ncsu.edu /copyright (470 words)

	Reporting copyright infringements
		Please note, this agent is for reporting of copyright infringement and is not the correct person to answer requests for copyright permission.
		A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
		A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
	www.harvard.edu /copyright.html (216 words)

	Fair Use in Copyright (BitLaw)
		Second Factor (nature of the copyrighted work): In analyzing the second factor in our example, a novel is one of the premier examples of a work which should be protected by copyright law.
		It most cases, a copyright attorney should be consulted before undertaking any significant activity which would rely on the fair use doctrine as a defense to copyright infringement.
		Generally, the exclusive rights granted by the United States Copyright Act (described in detail in the BitLaw section on the scope of copyright protection) may be exercised as the copyright owner sees fit.
	www.bitlaw.com /copyright/fair_use.html (1320 words)

	Court Adds Copyright to SCO's IBM Suit
		Allowing SCO to add the copyright infringement claims to the suit is expected to bump up potential damages by $2 billion for each claim, which would bring the potential damages to $5 billion.
		Legal experts point out that the addition of claims to a lawsuit is a common tactic that's unlikely to be denied by a judge (as is now the case), so IBM is likely pursuing a standard strategy simply to get on with the case in order to vigorously contest the claims in court.
		Allowing SCO to add the copyright infringement claims to the suit will bump up potential damages to $5 billion from $3 billion.
	www.internetnews.com /bus-news/article.php/3319031 (450 words)

	Copyright Infringement Notification
		It is illegal, as described in the Federal law (U.S. Copyright Act, Title 17 of the US Code, and more recently the Digital Millennium Copyright Act, 105 PL 304), to download, upload, or distribute in any fashion, copyrighted material, in any form without permission or a license to do so from the copyright holder.
		This is to notify copyright owners that Cedarville University's agent to receive statutory notices about infringements under the Digital Millennium Copyright Act is Lynn A. Brock, Dean of Library Services.
		The Copyright Office notice regarding Interim Regulations is currently available as are the Interim Regulations (pdf).
	www.cedarville.edu /departments/compserv/copyright.htm (264 words)

	Access Washington- How to Report Copyright Infringement
		If Access Washington is notified of claimed copyright infringement, or otherwise becomes aware of copyright infringement, it will respond expeditiously by removing, or disabling access to, the infringing material.
		If the infringement claim can be proved to be inaccurate, AW can allow the material to be putback.
		Materials referred to court by the copyright owner are not allowed to be putback until the matter is resolved.
	access.wa.gov /siteinfo/resources/copyright.aspx (528 words)

	Barnes & Noble.com - Copyright
		If this counternotice is received by the barnesandnoble.com Copyright Agent, a copy of the counternotice will be sent to the original complaining party.
		The user's material and access will be restored in 10 to 14 days unless the barnesandnoble.com Copyright Agent is informed that a lawsuit has been filed over the infringing material.
		Digital Millennium Copyright Act can be viewed at http://lcweb.loc.gov/copyright/legislation/hr2281.pdf -- to view this file, simply download the Adobe Acrobat Reader.
	www.barnesandnoble.com /include/copyright.asp?z=y (293 words)

	Copyright Infringement Complaints
		The Digital Millennium Copyright Act requires that all notices of alleged copyright infringement be in writing.
		Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
		Please note: A Copyright Infringement Complaint should be filed only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Tree of Life website.
	tolweb.org /tree/home.pages/CopyrightInfringement.html (374 words)

	EFF: Intellectual Property
		When Diebold used specious copyright claims to force people to take the memos down, EFF fought back – successfully defending the publishers and winning damages for copyright abuse.
		The idea of copyright law is that, after a time, every work comes back into the hands of the public, where it can be reused, recycled, and made part of new creativity without the artist having to pay a fee or call in the lawyers.
		Yet some copyright holders act as though copyright is both permanent and boundless, pressing claims that threaten even traditionally protected activities like making a parody.
	www.eff.org /IP (1025 words)

	Digital Millennium Copyright Act, Washburn University (Site not responding. Last check: 2007-10-10)
		monitor the status of standards activities directed to developing standard technical measures to protect copyrighted works; accomodate and do not interfere with such technical measures once they are in use.
		For account termination policies due to copyright infringement, see the Information Systems and Services (ISS) General Policies, available from the ISS Quickfacts site.
		The Digital Millennium Copyright Act (DMCA) requires online service providers to designate an individual to whom notices of alleged online copyright infringement are to be sent.
	www.washburn.edu /dmca (931 words)

	The Right Term is Copyright Infringement
		Copyright Law was, in fact, written to punish publishers who steal from the Authors.
		It is copyright infringement, it is illegal, and customers should not use illegal methods to force an industry to change.
		So Copyright is a right earned by battle and warfare, not simply because someone puts a few notes and some words on a paper or disk.
	www.oreillynet.com /pub/wlg/2425 (9162 words)

	Reporting Copyright Infringement
		Penn has designated an agent to receive notifications of alleged copyright infringement in the upenn.edu domain.
		A description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
		A physical or electronic signature of the copyright owner or a person authorized to act on its behalf.
	www.upenn.edu /computing/security/copyright.html (429 words)

	Procedures for Notification of Copyright Infringement
		A statement that the information in the notice is accurate and, under penalty of perjury, that the complainer is authorized to act on behalf of the owner of one or more exclusive copyright rights.
		Counter-notices can only claim: (1) that the copyright owner is mistaken and that the work is lawfully posted or (2) that the work has been misidentified.
		A page owner may assert that a use of another's work qualifies as a fair use and so the copyright owner is "mistaken" in characterizing it as infringing.
	www.uvsc.edu /copyright.html (688 words)

	WSU: Copyright Policy
		The students, faculty and staff at WSU have access to the fundamentals of copyright law and WSU's guidelines for educational use of copyright materials at WSU's Copyright Home Page and the U.S. Copyright Office's Home Page.
		Allegations of copyright infringement by WSU users that comply with the Digital Millennium Copyright Act, Title II, Section 512(c)(3) will be investigated.
		WSU reserves the right to choose how to address or respond to any allegation of copyright infringement received including, without limitation, the choice of any defense under applicable law.
	www.wsu.edu /copyright.html (471 words)

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