What is the fundamental definition of copyright infringement?

Copyright infringement, sometimes called piracy, is the unauthorized use of works protected by copyright for purposes that require permission. This infringes upon the exclusive rights granted to the copyright holder, such as the rights to reproduce, distribute, display, perform, or create derivative works from the original content. The copyright holder is typically the creator of the work, or a business or publisher to whom the copyright has been legally transferred.

How are copyright infringement disputes typically resolved?

Copyright infringement disputes are usually resolved through direct negotiation between the parties involved, a 'notice and take down' process where infringing content is removed, or through litigation in a civil court. In more severe cases, particularly those involving large-scale commercial infringement or counterfeiting, the criminal justice system may prosecute the offense.

What shift has occurred in the focus of copyright holders regarding widespread online infringement?

Due to the widespread and anonymous nature of online infringement, driven by advances in digital technology and the internet's reach, copyright-dependent industries have shifted their focus. Instead of primarily pursuing individuals who seek and share copyrighted content online, they are now concentrating on expanding copyright law to penalize service providers and software distributors who are perceived to facilitate and encourage these individual acts of infringement.

What is the historical and modern usage of the term 'piracy' in relation to copyright infringement?

The term 'piracy' originally referred to 'robbery or illegal violence at sea,' but it has been used as a synonym for copyright infringement for centuries, particularly in the book trade. In modern times, copyright holders have also applied the term 'piracy' to online copyright infringement, especially concerning peer-to-peer file sharing networks. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) from 1994 also requires criminal procedures for 'willful trademark counterfeiting or copyright piracy on a commercial scale'.

Why do some critics, like Richard Stallman, object to the use of the word 'piracy' for copyright infringement?

Richard Stallman and the GNU Project criticize the use of 'piracy' because they believe publishers use it to describe any copying they disapprove of. They argue that this term implies an ethical equivalence to violent acts like attacking ships, kidnapping, and murder on the high seas, which is a misleading and inflammatory comparison for copyright violations.

Why is copyright infringement not considered 'theft' in a legal sense?

Copyright infringement is not legally equivalent to theft because copyright is a form of intellectual property, distinct from tangible property. Unlike the theft of a physical object, copyright infringement does not deprive the original owner of their possession of the work. The U.S. Supreme Court, in *Dowling v. United States* (1985), ruled that interference with copyright does not easily equate with theft, conversion, or fraud, as the copyright holder still retains their rights and ability to use the work.

What is 'freebooting' and how did the term originate?

Freebooting is a term used to describe the unauthorized copying of online media, particularly videos, onto platforms like Facebook, YouTube, or Twitter. The word itself has historical roots from the 16th century, meaning 'looting' or 'plundering' by pirates. This specific modern usage, a portmanteau of 'freeloading' and 'bootlegging,' was suggested by YouTuber and podcaster Brady Haran in an effort to find a term that was more emotionally impactful than 'copyright infringement' but more accurate than 'theft'.

What are some common motivations for individuals to engage in copyright infringement?

Common motivations for copyright infringement include an unwillingness or inability to pay the price requested by legitimate sellers, a desire to 'try before paying' to evaluate the product's value, unavailability of the product in the user's language or country (due to delayed launches, withdrawals, or geographical restrictions), and the removal of restrictive measures like Digital Rights Management (DRM) or non-skippable advertisements in unauthorized versions. Other reasons include a preference for anonymity when downloading, and a general opposition to copyright law based on freedom of information principles.

How did the US Army's software usage illustrate a motivation for copyright infringement related to partial license compliance?

In 2013, the US Army settled a lawsuit with Apptricity, a software company, for $50 million. The Army had paid $4.5 million for a license covering 500 users but allegedly installed the software for over 9,000 users. This case exemplifies how partial compliance with license agreements, where a user exceeds the terms of their legitimate license, can lead to copyright infringement.

What was Cara Cusumano's perspective on the primary motivation behind online piracy, as stated in 2014?

Cara Cusumano, director of the Tribeca Film Festival, stated in April 2014 that piracy is less about people not wanting to pay and more about their desire for immediacy. She observed that consumers want to watch content like 'Spiderman right now' and will download it if legitimate options are not readily available. She suggested that if companies were willing to make material available online more promptly, consumers would pay for it, indicating that distribution models need to adapt to consumer demand.

How did Matt Deaner of Screen Producers Australia explain the film industry's motivation for restricting immediate online access to films?

Matt Deaner explained that film distributors typically want to encourage cinema attendance as part of their monetization strategy, which involves restricting immediate online access to maximize the number of people going to theaters. He noted that major Hollywood studios invest millions in promotion and production, and they aim to monetize these investments through theatrical returns. Additionally, in Australia, films may face restrictions on tax support unless they have a traditional cinema release.

What did a 2014 University of Portsmouth study on Finnish illegal downloaders reveal about their motivations?

A 2014 study by University of Portsmouth researchers, involving 6,000 Finnish participants, found that reasons for illegal downloading included saving money, accessing material not yet or no longer legitimately available, and supporting artists by bypassing record companies and movie studios. The study also noted that movie pirates were more likely to reduce their piracy if they felt they were harming the industry, compared to music downloaders.

What was Bill Gates's strategic view on software piracy in China in 1998?

In 1998, Bill Gates commented that while many computers were sold in China without paid software, he viewed this as a long-term opportunity. He stated that Microsoft wanted people to 'steal ours' because they would 'get sort of addicted,' and then, as China's economy developed and legitimate products became more affordable, Microsoft would 'somehow figure out how to collect sometime in the next decade.' This suggests a strategy of allowing initial widespread use to build market familiarity, anticipating future monetization.

What are the chief factors contributing to media piracy in emerging economies, according to the 'Media Piracy in Emerging Economies' study?

According to the 'Media Piracy in Emerging Economies' study, the primary factors leading to the global spread of media piracy in emerging markets like Brazil, India, Russia, South Africa, Mexico, Turkey, and Bolivia are high prices for media goods, low incomes among the population, and the availability of cheap digital technologies. The study also notes that digital piracy often serves as the main means of accessing media in these countries, leading to a neglected approach to law enforcement in this area.

How can censorship act as a motivation for copyright infringement?

Censorship can motivate copyright infringement, as seen in instances where governments ban movies, leading to the proliferation of copied videos and DVDs. For example, in Romania under Nicolae Ceaușescu's regime, Irina Margareta Nistor secretly dubbed over 3,000 American movies from bootlegged copies, which were then viewed in secret across the country, becoming a significant cultural phenomenon due to the lack of authorized content.

Who is generally responsible for enforcing copyright in countries with copyright legislation?

In countries with copyright legislation, the enforcement of copyright is typically the responsibility of the copyright holder. However, many jurisdictions also have criminal penalties for copyright infringement, indicating a role for the state in enforcement, especially for commercial-scale violations.

Which nations were identified by the U.S. Chamber of Commerce's 2021 IP Index as having the lowest scores for copyright protection?

The U.S. Chamber of Commerce's 2021 IP Index identified Vietnam, Pakistan, Egypt, Nigeria, Brunei, Algeria, Venezuela, and Argentina as the nations with the lowest scores for copyright protection. This indicates that these countries may have weaker legal frameworks or less effective enforcement mechanisms for intellectual property rights.

What exclusive rights of a copyright owner are protected under U.S. civil law?

In U.S. civil law, copyright infringement is defined as any violation of the exclusive rights granted to the copyright owner. These rights include the ability to reproduce the work, prepare derivative works based on it, distribute copies through sale or rental, and publicly perform or display the protected work.

How did the *MGM v. Grokster* Supreme Court case impact the liability of P2P file-sharing services?

In 2005, the Supreme Court ruled in *MGM v. Grokster* that P2P file-sharing services like Grokster and Streamcast could be held liable for copyright infringement. The Court found that these services functioned and were willfully marketed as venues for acquiring copyrighted movies, thereby contributing to infringement. This ruling, while not overturning *Sony v. Universal City Studios*, signaled a warning to designers of software that could be used for copyright infringement.

What is the current copyright term in the United States?

In the United States, the copyright term has been extended multiple times. Currently, for works by individual authors, it lasts for the life of the author plus 70 years. If the work was produced under corporate authorship, the copyright lasts for 120 years after creation or 95 years after publication, whichever period is shorter.

What remedies does the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) require signatory countries to provide for copyright infringement?

Article 50 of the TRIPs agreement mandates that signatory countries empower their courts to address copyright infringement by issuing injunctions, ordering the destruction of infringing products, and awarding damages to the copyright holder. Some jurisdictions, like the United States, allow for substantial statutory damage awards designed to deter infringers and compensate for losses that are difficult to quantify.

What is a 'copyright troll' and what is their typical practice?

A 'copyright troll' is a term used by critics to describe a third party to whom copyright or the right to enforce it has been contractually assigned, but who appears to have no intention of taking copyright infringement cases to trial. Instead, their practice is to pursue cases just far enough through the legal system to identify suspected infringers and exact settlements from them.

What are the maximum penalties for willful copyright infringement in the United States?

In the United States, willful copyright infringement can carry severe penalties, including a maximum fine of $150,000 per instance of infringement and potential jail time. These criminal penalties are typically applied in cases where the infringement is committed for commercial advantage or private financial gain.

What was the 'LaMacchia Loophole' and how did the NET Act address it?

The 'LaMacchia Loophole' arose from the 1994 *United States v. LaMacchia* case, which ruled that copyright infringement committed for non-commercial motives could not be criminally prosecuted under existing copyright and cybercrime laws. This meant criminal charges for fraud or copyright infringement would be dismissed if there was no profit motive. In response, the No Electronic Theft Act (NET Act) was passed in 1997, allowing for criminal prosecution of individuals engaged in copyright infringement even without monetary profit or commercial benefit, with penalties up to five years in prison and $250,000 in fines.

What is the legality of downloading copyright-protected content for personal, noncommercial use in some countries?

In some countries, such as Canada and certain European Union member states like Poland, copyright law permits downloading copyright-protected content for personal, noncommercial use to a certain extent. This exemption often stems from directives like the EU's Information Society Directive of 2001, which allows for copies to be made without authorization for personal use, provided rights holders are compensated (e.g., through levies on recording devices) and no copy protection measures are bypassed. However, the Court of Justice of the European Union ruled in 2014 that this exemption does not apply to copies made from unlawful or pirated sources.

Is uploading or publicly distributing copyright-protected content generally legal?

No, while downloading or private copying may be permitted in some jurisdictions under specific conditions, the public distribution of copyright-protected content, whether by uploading or offering to share it, remains illegal in most, if not all, countries. For example, in Canada, even when downloading for noncommercial use was legal, distributing those files via P2P networks was still prohibited.

How have some countries, like Canada and Germany, relaxed penalties for non-commercial copyright infringement?

Some countries have introduced relaxed penalties for non-commercial copyright infringement. Germany, for instance, passed a bill limiting fines for individuals sharing movies and series to €800-900. Canada's Copyright Modernization Act caps statutory damages for non-commercial copyright infringement at C$5,000, but this only applies to copies made without circumventing any 'digital lock' and specifically targets 'bootleg distribution' rather than general non-commercial use.

What are the provisions of Title I of the U.S. DMCA regarding anti-circumvention?

Title I of the U.S. Digital Millennium Copyright Act (DMCA), also known as the WIPO Copyright and Performances and Phonograms Treaties Implementation Act, includes provisions that prohibit individuals from circumventing technological measures designed to control access to copyrighted works. This means that attempts to bypass copy protection schemes, such as software, dongles, or password access devices, can be actionable. However, the U.S. Copyright Office reviews anti-circumvention rulemaking, and exemptions have been made for inefficient child safety/public library filtering software and for circumvention of malfunctioning or unsupported copy protection mechanisms.

What was the ruling in *Abby House Media Inc. v. Apple Inc.* regarding DRM-stripping software?

In *Abby House Media Inc. v. Apple Inc.*, the court ruled that it is legal to direct users to DRM-stripping software and instruct them on its use. This decision was based on a lack of evidence demonstrating that the act of stripping DRM directly leads to copyright infringement.

Who are considered 'Internet intermediaries' in the context of copyright infringement liability?

Initially, Internet intermediaries were primarily understood as Internet Service Providers (ISPs). However, the definition has expanded to include a broader range of entities involved in Internet infrastructure, such as Internet backbone providers, cable companies, and mobile communications providers. It also encompasses Internet portals, software and games providers, interactive forums, news aggregators, universities, libraries, archives, web search engines, chat rooms, web blogs, mailing lists, and any website that provides access to third-party content through hyperlinks.

How do the U.S. DMCA and European E-Commerce Directive provide immunity for online intermediaries regarding copyright infringement?

Both the U.S. Digital Millennium Copyright Act (1998) and the European E-Commerce Directive (2000) offer online intermediaries limited statutory immunity from liability for copyright infringement. Under these 'safe harbor' provisions, intermediaries hosting infringing content are not held liable as long as they are unaware of the infringement and take prompt action to remove the content once it is brought to their attention. European law further emphasizes 'mere conduit' and 'no obligation to monitor' principles, meaning ISPs are seen as neutral carriers without a general mandate to monitor content.

Why have peer-to-peer file-sharing intermediaries often been denied safe harbor provisions?

Peer-to-peer file-sharing intermediaries have generally been denied access to safe harbor provisions because legal actions against them, such as those against Napster, are often based on principles of secondary liability for copyright infringement, specifically contributory liability and vicarious liability. These intermediaries, while not directly hosting or transmitting infringing content themselves, are often regarded by courts as encouraging, enabling, or facilitating infringement by their users, which falls outside the scope of safe harbor protections.

What is the role of torrent trackers and websites in facilitating file sharing via the BitTorrent protocol?

In the BitTorrent protocol, torrent trackers and websites facilitate file sharing by coordinating the exchange of file pieces among users. Torrent files, which do not contain copyrighted content themselves, refer to files that may be copyrighted and point to trackers that coordinate their sharing. Some sites, like The Pirate Bay, now use magnet links, which allow torrent files to be obtained directly from other peers, adding another layer of indirection to the process.

What are the fundamental limitations on copyright law that prevent authors from having absolute control over their work?

Copyright law does not grant authors and publishers absolute control over their work. Protection is limited to certain types of works and specific kinds of uses. Only unauthorized uses of protected works are considered infringing. This means that not all copying or use of a work is illegal; there are specific limitations and exceptions built into copyright law.

What are 'fair use' and 'fair dealing' in copyright law?

Fair use and fair dealing are legal doctrines that provide limitations and exceptions to copyright protection, allowing certain uses of copyrighted material without permission from the copyright holder. These concepts, mandated by international treaties like the Berne Convention, enshrine principles that permit uses such as minimal quotations in journalism and education, and are considered crucial for freedom of speech. They allow for a balance between the rights of creators and the public interest in accessing and using information.

What is compulsory licensing in the context of copyright law?

Compulsory licensing is a legal mechanism where copyright owners are forbidden from denying a license for certain uses of specific types of works, such as compilations and live performances of music. Under these laws, infringement does not occur as long as a royalty, determined by law rather than private negotiation, is paid to the copyright owner or a designated copyright collective. Some fair dealing laws also incorporate similar royalty requirements.

What was the outcome of the *Public Relations Consultants Association Ltd v Newspaper Licensing Agency Ltd* case regarding web caches in Europe?

In the *Public Relations Consultants Association Ltd v Newspaper Licensing Agency Ltd* case, the Court of Justice of the European Union (CJEU) ruled in June 2014 that the temporary web cache created by a consumer's web browser when viewing a news aggregator service did not infringe the copyright of the news generators. This decision clarified that merely viewing content online, which creates a temporary cache, is not a copyright violation.

What are the requirements for a work to qualify for copyright protection?

For a work to qualify for copyright protection, it must be an expression with a degree of originality, and it must be in a fixed medium, such as being written down on paper or recorded digitally. The underlying idea itself is not protected; only the unique, tangible expression of that idea can be copyrighted. This distinction is often clarified through judicial precedent, such as the 'substantial similarity' requirement in U.S. copyright case law.

How do courts determine if computer software infringes copyright?

When evaluating alleged copyright infringement in computer software, courts may require the software to pass an Abstraction-Filtration-Comparison (AFC) Test to determine if it is too abstract to qualify for protection or too dissimilar to an original work to be considered infringing. Case law also clarifies that the amount of research and development, effort, or expense invested in creating a work does not influence its copyright protection. However, there is no universally accepted test, and some courts may use narrower criteria.

What four strategies did the BSA outline for governments to reduce software piracy rates in 2011?

In its 2011 piracy study, the Business Software Alliance (BSA) recommended four strategies for governments to reduce software piracy rates: increasing public education and awareness about software piracy and intellectual property rights in collaboration with industry and law enforcement; modernizing protections for software and copyrighted materials to adapt to new innovations like cloud computing and mobile devices; strengthening enforcement of IP laws with dedicated resources, training, and cross-border cooperation; and leading by example by using only licensed software, implementing software asset management programs, and promoting legal software use in state-owned enterprises and among contractors.

What are some legal preventive measures taken to deter copyright infringement, especially in the digital realm?

Legal preventive measures to deter copyright infringement, particularly digital infringement, include public education, civil and criminal legislation, and international agreements. Other strategies involve publicizing successful anti-piracy litigation, implementing digital media copy protection like Digital Rights Management (DRM) and anti-circumvention laws, and narrowing the scope of what is considered infringing through compulsory licensing laws. Additionally, laws like the DMCA provide safe harbor for digital service providers, reducing their direct liability for user infringement.

How do 'open' licensing strategies help reduce copyright infringement?

Open licensing strategies, such as free software licenses like the GNU General Public License (GPL) and Creative Commons licenses, help reduce copyright infringement by voluntarily narrowing the scope of what is considered infringing. Instead of requiring private negotiations for each use, copyright owners publish their work with pre-defined, permissive licenses that anyone can use, provided they adhere to specified conditions. This approach permits certain uses under reasonable terms, thereby reducing the incidence of infringement and the burden on legal systems.

How was film distribution typically structured pre-COVID-19 to maximize revenue and prevent piracy?

Pre-COVID-19, film distribution typically began with a theatrical window, averaging about 16.5 weeks, before films were released on Blu-ray and DVD. During the theatrical window, digital versions of films were often transported via data storage devices by couriers rather than through data transmission. These digital files could be encrypted, with keys designed to work only at specific times, to prevent unauthorized leakage between different screening locations.

How are watermarking and coded anti-piracy marks used to prevent copyright infringement?

Watermarking and coded anti-piracy marks are used to identify the source of illegal copies and facilitate their shutdown. For example, Coded Anti-Piracy marks can be added to films, as demonstrated in a 2006 case where a man was arrested for uploading a screener's copy of 'Flushed Away' due to such a mark. Similarly, some photocopiers use Machine Identification Code dots, and the EURion constellation on banknotes prevents counterfeiting, all serving to trace or prevent unauthorized reproduction.

What were the motion picture industry's estimates of losses due to piracy in the late 2000s and early 2010s?

In 2008, the Motion Picture Association of America (MPAA) reported that its six major member companies lost US$6.1 billion to piracy. By 2009, a *Los Angeles Daily News* article cited a loss figure of 'roughly $20 billion a year' for Hollywood studios. A 2013 *Wall Street Journal* article indicated that industry estimates in the United States ranged between $6.1 billion to $18.5 billion annually. A 2014 *Guardian* article cited an annual loss of US$20.5 billion for the movie industry.

What did a 2017 study conclude about the impact of graduated response policies on movie box office revenues?

A 2017 study analyzing data from sixteen countries between 2005 and 2013, many of which had implemented anti-piracy measures, found no significant increases in movie box office revenues in any markets that could be attributed to these policy interventions. This finding casts doubt on the claimed negative economic effects of digital piracy on the film industry.

What were some early claims and observations regarding software piracy's economic impact?

In 1983, Psion Software claimed that software piracy cost it £2.9 million annually, representing 30% of its revenue. Will Wright, a game designer, observed that his game *Raid on Bungeling Bay* sold significantly more copies on the Nintendo Famicom (a cartridge system with virtually no piracy) in Japan compared to the Commodore 64 in the US, despite comparable installed bases, suggesting piracy's impact on sales.

Which countries had the highest and lowest software piracy rates according to the BSA and IDC's 2007 study?

According to the 2007 BSA and International Data Corporation (IDC) study, the countries with the highest software piracy rates were Armenia (93%), Bangladesh (92%), Azerbaijan (92%), Moldova (92%), and Zimbabwe (91%). Conversely, the countries with the lowest piracy rates were the U.S. (20%), Luxembourg (21%), New Zealand (22%), Japan (23%), and Austria (25%).

What was the estimated commercial value of pirated software globally in 2011, according to the BSA?

The ninth annual 'BSA Global Software Piracy Study' claimed that the 'commercial value of this shadow market of pirated software' was worth US$63.4 billion globally in 2011. The study also noted that over half of the world's personal computer users, specifically 57 percent, admitted to pirating software.

What did the Institute for Policy Innovation (IPI) report in 2007 regarding the economic impact of music piracy in the U.S.?

In 2007, the Institute for Policy Innovation (IPI) reported that music piracy cost the U.S. economy $12.5 billion. The study indicated that not only musicians and the recording industry experienced losses, but retailers lost over a billion dollars, and piracy resulted in 46,000 fewer production-level jobs and almost 25,000 retail jobs. The U.S. government was also reported to lose $422 million in tax revenue due to music piracy.

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Defining Infringement

The Core Concept

Copyright infringement is the use of works protected by copyright law without permission, violating certain exclusive rights granted to the copyright holder. These rights typically include the ability to reproduce, distribute, display, perform the work, or create derivative works. The copyright holder is usually the work's creator or an entity, like a publisher, to whom the copyright has been assigned.

Dispute Resolution

Conflicts over copyright infringement are typically resolved through several avenues. These include direct negotiation between parties, a formal "notice and take down" process common on internet platforms, or civil litigation. In cases of egregious or large-scale commercial infringement, especially involving counterfeiting, the matter may be escalated to the criminal justice system.

The Digital Age Shift

Advances in digital technology and the global reach of the internet have led to widespread, often anonymous, infringement. This has caused a strategic shift for copyright-dependent industries. The focus has moved from pursuing individual infringers to targeting service providers and software distributors who are seen as facilitating these acts, labeling them as indirect infringers.

Contested Terminology

"Piracy"

The term "piracy," originally meaning robbery at sea, has been used for centuries to describe unauthorized copying and distribution of copyrighted works. Its use predates statutory copyright law, with the Stationers' Company of London referring to "Land-Pirats" in the 17th century. Modern international agreements like the TRIPs Agreement require criminal penalties for "willful... copyright piracy on a commercial scale." However, critics like Richard Stallman argue the term is used by publishers to equate copying with violent crime.

"Theft"

Copyright holders often equate infringement with "theft," but this is a legally contentious comparison. Copyright law protects intellectual property, which is distinct from the tangible property covered by theft laws. The U.S. Supreme Court, in Dowling v. United States (1985), ruled that infringement does not easily equate with theft, as the original owner is not deprived of their work. Courts have sometimes barred the use of pejorative terms like "theft" and "piracy" in trials to avoid prejudicing the jury.

"Freebooting"

A more recent term, "freebooting," describes the unauthorized copying of online media, especially videos, and re-uploading them to other platforms like Facebook or YouTube. The term, a portmanteau of "freeloading" and "bootlegging," was popularized by podcaster Brady Haran. It was proposed as an alternative that is more emotive than "infringement" but more accurate than "theft," as it captures the act of taking content and re-posting it for one's own benefit without permission.

Motivations for Infringement

Why People Infringe

A variety of factors motivate copyright infringement. These range from economic considerations to issues of access and convenience.

Pricing: The cost of legitimate products is prohibitive for some users.
Unavailability: The work is not legally available in the user's country or language due to regional restrictions or having been withdrawn from sale.
Usefulness: The unauthorized version is more user-friendly, lacking DRM, region locks, or unskippable ads.
Testing: Users wish to evaluate a product before committing to a purchase.
Anonymity: Acquiring content without providing personal information.
Ideology: A philosophical opposition to copyright law itself, based on principles of freedom of information.

The Developing World Context

In emerging economies, a combination of high prices for media, low average incomes, and the availability of cheap digital technologies are primary drivers of infringement. In these regions, unauthorized copying often provides the main form of access to media and software. Bill Gates famously commented on this phenomenon in 1998 regarding China, suggesting that as long as people were going to steal software, he wanted them to steal Microsoft's, as they would become familiar with it and eventually become paying customers as the economy grew.

Censorship and Access

In some cases, government censorship can directly lead to infringement. When a work is banned, unauthorized channels may become the only means of access. A notable example occurred in Romania under the Ceaușescu regime, where Irina Margareta Nistor secretly dubbed over 3,000 bootlegged American films. These tapes were distributed underground, giving Romanians a window to the outside world and making her voice one of the most recognized in the country, despite her identity remaining unknown for years.

The Legal Framework

Civil Law

In civil law, copyright infringement is a violation of the owner's exclusive rights. In the U.S., this includes rights of reproduction, distribution, and public performance. Infringement is often addressed through civil lawsuits. A landmark case, MGM v. Grokster, established that peer-to-peer services could be held liable for contributory infringement if they encouraged users to violate copyright. Remedies in civil cases can include injunctions, destruction of infringing products, and monetary damages, which can be either actual damages or large statutory damages designed to deter infringement.

Criminal Law

While most infringement is a civil matter, criminal penalties exist for "willful... copyright piracy on a commercial scale," as required by the TRIPs agreement. In the U.S., the No Electronic Theft (NET) Act of 1997 closed the "LaMacchia Loophole," allowing for criminal prosecution even when there is no direct monetary profit. Willful infringement can lead to significant fines and prison time. Proposed laws like SOPA have sought to broaden the definition of willful infringement to include unauthorized streaming.

Online Intermediary Liability

A key legal battleground is the liability of internet intermediaries (like ISPs, hosting services, and search engines) for their users' infringement. The U.S. Digital Millennium Copyright Act (DMCA) and Europe's E-Commerce Directive provide "safe harbor" provisions. These protect intermediaries from liability so long as they are unaware of the infringing content and act to remove it upon notification (a "notice and take down" system). However, these safe harbors have generally not been extended to peer-to-peer file-sharing services.

Economic Impact

The Challenge of Estimation

Quantifying the economic impact of copyright infringement is exceptionally difficult. In 2010, the U.S. Government Accountability Office (GAO) concluded that it is "difficult, if not impossible, to quantify the net effect of counterfeiting and piracy on the economy as a whole." The GAO also found that many widely cited industry statistics could not be substantiated or traced back to a reliable methodology. A 2014 EU-funded study found that, except for recent blockbuster films, there was no evidence of sales displacement from piracy, and in the case of video games, illegal consumption positively affected sales.

Industry Claims and Criticisms

Industry groups frequently release large loss estimates. The MPAA has claimed annual losses in the billions for the film industry, while the Business Software Alliance (BSA) reported a global commercial value of pirated software at $63.4 billion in 2011. However, these figures are often criticized for assuming that every unauthorized copy represents a lost sale. This assumption has been challenged in court, with one judge calling the RIAA's $75 trillion damage claim against LimeWire "absurd."

Alternative Perspectives

Some research suggests that the relationship between infringement and sales is not straightforward. Studies have found that users of file-sharing services may be more likely to increase their legal purchasing habits. In his book The Piracy Crusade, Professor Aram Sinnreich argues that the music industry's sales decline in the early 2000s was not caused by piracy but by the bursting of an artificial "perfect bubble" created by the shift to the CD format and other economic factors.

Limitations and Exceptions

Non-Infringing Uses

Copyright law is not absolute and contains important limitations. Doctrines like Fair Use (in the U.S.) and Fair Dealing (in other common law systems) permit the unauthorized use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, and research. These exceptions are considered essential safeguards for freedom of speech. Another limitation is compulsory licensing, where the law allows for certain uses (e.g., covering a song) as long as a legally determined royalty is paid.

The Idea-Expression Distinction

A fundamental principle of copyright is that it protects the tangible expression of an idea, not the idea itself. To be protected, a work must be original and fixed in a tangible medium (e.g., written down, recorded). This means that creating a new work based on the same idea as a protected work is not infringement, as long as it does not copy the original's specific expression. Courts often use tests like "substantial similarity" to determine if copying of the expression has occurred.

Permissive Licensing

Copyright holders can voluntarily permit uses that would otherwise be infringing by employing open or permissive licensing. Instead of requiring individual permission, they release their work with a pre-approved license that anyone can use, provided they follow certain conditions. This approach, used by Creative Commons for creative works and the GNU General Public License (GPL) for software, encourages sharing and derivative works while reducing the burden on the legal system.

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References

Dowling v. United States (1985), 473 U.S. 207, pp. 217â218.

McDonald, Paul, and Janet Wasko. The Contemporary Hollywood Film Industry. Malden, MA: Blackwell Pub., 2008. Print. p.202

McDonald, Paul, and Janet Wasko. The Contemporary Hollywood Film Industry. Malden, MA: Blackwell Pub., 2008. Print.p.203

Berne Convention Article 10, article 10bis.

Ram D. Gopal and G. Lawrence Sanders. "International Software Piracy: Analysis of Key Issues and Impacts". Information Systems Research 9, no. 4 (December 1998): 380â397.

United States of America v. Daniel Dove, 7 November 2008

Aram Sinnreich, "Digital Music Subscriptions: Post-Napster Product Formats", Jupiter Research (2000).

A full list of references for this article are available at the Copyright infringement Wikipedia page

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Important Notice

This page was generated by an Artificial Intelligence and is intended for informational and educational purposes only. The content is based on a snapshot of publicly available data from Wikipedia and may not be entirely accurate, complete, or up-to-date.

This is not legal advice. The information provided on this website is not a substitute for professional legal consultation. Copyright law is complex and varies significantly by jurisdiction. Always consult with a qualified legal professional for advice on specific copyright issues or concerns. Never disregard professional legal advice or delay in seeking it because of something you have read on this website.

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The Digital Dilemma

💡 Dive in with Flashcard Learning! 💡

Defining Infringement ℹ️

⚖️ The Core Concept

🤝 Dispute Resolution

🌐 The Digital Age Shift

Contested Terminology 🗣️

🏴‍☠️ "Piracy"

💰 "Theft"

📹 "Freebooting"

Motivations for Infringement 💡

🤔 Why People Infringe

🌍 The Developing World Context

🎬 Censorship and Access

The Legal Framework 📜

🏛️ Civil Law

⛓️ Criminal Law

🌐 Online Intermediary Liability

Economic Impact 📊

❓ The Challenge of Estimation

📈 Industry Claims and Criticisms

🔄 Alternative Perspectives

Limitations and Exceptions ✅

⚖️ Non-Infringing Uses

💡 The Idea-Expression Distinction

📝 Permissive Licensing

Teacher's Corner 🧑‍🏫

Edit and Print this course in the Wiki2Web Teacher Studio

True or False? 🤔

❓ Test Your Knowledge! ❓

Gamer's Corner 🎮

Are you ready for the Wiki2Web Clarity Challenge?

Explore More Topics

📜 Discover other topics to study!

References

📜 References

Feedback & Support 👍

To report an issue with this page, or to find out ways to support the mission, please click here.

Disclaimer ⚠️

📜 Important Notice

Dive in with Flashcard Learning!

Defining Infringement

The Core Concept

Dispute Resolution

The Digital Age Shift

Contested Terminology

"Piracy"

"Theft"

"Freebooting"

Motivations for Infringement

Why People Infringe

The Developing World Context

Censorship and Access

The Legal Framework

Civil Law

Criminal Law

Online Intermediary Liability

Economic Impact

The Challenge of Estimation

Industry Claims and Criticisms

Alternative Perspectives

Limitations and Exceptions

Non-Infringing Uses

The Idea-Expression Distinction

Permissive Licensing

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice