Copyright Infringement Essay

788 Words Apr 9th, 2009 4 Pages
Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the 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.
For electronic and audio-visual media, unauthorized reproduction and distribution is often referred to as piracy (however there is no legal basis for this and indeed in one US copyright lawsuit the judge ordered the plaintiff's legal team to stop using the term). This may occur through organized black market reproduction and distribution channels, sometimes with blatantly open commercial sale (as along the sidewalks of Manhattan's notorious Canal Street), or through purely private
…show more content…
Many infringement claims involve simple cases of copyright infringement where the copying is obvious. Others, however, are more difficult to resolve because copyright protection is not limited to exact copying. It is inevitable that creative and commercial works will take inspiration from the culture at large, and it is often challenging to determine when this "inspiration" has crossed the line into infringement. There also may be a question of whether the allegedly infringed work is even protected by copyright. Unprotected works may include, for example, compilations of facts that lack the requisite creativity to be covered by copyright, or those works that are in the public domain because the copyright term expired.
Copyright notices—often just a simple statement on the work itself of the year protection was acquired and by whom—are not always a good indication of whether or not a work is protected because most countries do not require such formalities, and so lack of notice does not mean lack of protection. Courts may also subsequently decide in the context of an infringement suit that the work did not meet the minimum criteria for copyright protection, even if the work had been previously registered by a government copyright agency. However, copyright notices give at least some indication of who to contact if permission is
Open Document