Copyright Infringement under Intellectual Property
Copyright Infringement under Intellectual Property
What is Copyright?
Copyright is a legal right granted to the creator of an original work, such as literary, artistic, musical, or dramatic works. It gives the creator exclusive rights to use, reproduce, distribute, and display the work.
What is Copyright Infringement?
Copyright Infringement occurs when someone uses or copies a copyrighted work without permission from the copyright holder, violating their exclusive rights. This unauthorized use may be direct copying, adaptation, or any form of exploitation prohibited by the copyright owner.
Key Elements of Copyright Infringement
To establish copyright infringement, generally, the following elements must be proven:
Ownership of a Valid Copyright: The plaintiff must prove that the work is original and that they own the copyright.
Copying of the Work: The defendant must have copied the work or a substantial part of it without permission.
Substantial Similarity: The copied part must be substantial and recognizable to an ordinary observer.
Access to the Work: The defendant had access to the copyrighted work before copying.
Detailed Explanation with Case Law
1. Ownership of Copyright
A work must be original and fixed in some material form to attract copyright protection.
Case Example: In Feist Publications v. Rural Telephone Service (an illustrative case), the court held that mere facts cannot be copyrighted, but the original selection and arrangement of those facts can be protected as original work.
2. Copying
Copying is central to infringement, but direct evidence of copying is often hard to prove. Courts often infer copying by showing that the defendant had access to the work and that the works are substantially similar.
Case Example: In Arnstein v. Porter, the court recognized the importance of showing access and substantial similarity to prove copying.
3. Substantial Similarity
Not every similarity amounts to infringement. The copied portion must be qualitatively or quantitatively substantial.
Case Example: In Metropolitan Opera House v. Wagner, the court held that only those parts of a performance that showed originality were protected. Simple ideas or common elements were not.
4. Defenses to Infringement
Common defenses include:
Fair Use/Fair Dealing: Using the work for criticism, education, or research may be allowed.
Independent Creation: The defendant created a similar work independently without copying.
De Minimis Use: The copying is so minor it does not constitute infringement.
Case Example: In Sony Corp v. Universal City Studios, the use of copyrighted material for personal recording was held not to be infringement, illustrating fair use principles.
Types of Works Protected
Literary works (books, articles)
Artistic works (paintings, sculptures)
Musical works (compositions, lyrics)
Dramatic works (plays, choreography)
Films and broadcasts
Remedies for Copyright Infringement
Injunctions to prevent further infringement
Monetary damages for losses or profits gained
Destruction of infringing copies
Summary of Important Principles
| Principle | Explanation | Case Example |
|---|---|---|
| Ownership & Originality | Must prove the work is original | Feist Publications |
| Copying & Access | Must prove defendant had access and copied | Arnstein v. Porter |
| Substantial Similarity | Copying must be substantial, not trivial | Metropolitan Opera House |
| Defenses | Includes fair use, independent creation | Sony Corp v. Universal Studios |
Conclusion
Copyright infringement occurs when a protected work is used without the owner’s permission, violating exclusive rights. Case law emphasizes proof of ownership, copying, and substantial similarity, while also balancing the rights of creators and users through recognized defenses.
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