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  Copy Right, Copy Sense

 

References:

Bellsouth vs. Donnelley

Burrow-Giles Lithographic Co. v. Sarony

Copyright CodeóA Linked Index

Feist Publications vs. Rural Telephone

Peter Veeck versus Southern Building Code Congress International Inc.,

Publications International  v. Meredith Corporation

Trade-Mark Cases, 100 U.S. 82 (1879)

U.S. Constitution, Article 1, Section 8

Information on this site cannot be considered legal advice.  If you need legal advice on copyright, please consult an attorney or refer to one or more of the sponsor links on the right side of the page. Another place you might look is the US Copyright Office web site.

The copyright information on this site applies to U.S. Copyright, unless otherwise stated.

Copyright Infringement

Anyone who violates any of the exclusive rights of the copyright holder... is an infringer of the copyright or right of the owner. - USC Title 17 Chapter 5 Sec. 501

Infringement of copyright occurs when any of the exclusive rights of the copyright holder is exploited by someone else, beyond what is allowed under the principles of fair use.

To establish a claim of copyright infringement in court, the party claiming that their copyright has been infringed must prove:

  1. Ownership of a valid copyright. This requires that the work being  infringed be registered with the copyright office.
  2. Copying of constituent elements of the work that are original.

The costs of litigation and attorney fees usually limit the likelihood of action against infringers who occasionally use small amounts of an individualís or small businessís copyrighted material.

However, such costs may not impede infringement suits for copyright owners with deeper pockets.  A December 31, 2001 Associated Press article detailed the experience of the owner of a Buffy the Vampire Slayer fan website, who removed her material after 20th Century Fox corporate lawyers complained about copyright violation.

 Additional Information

Copy Right, Copy Sense Home

Copyright Articles:

What is Copyright?

My Copyright Infringement

How to Deal With Online Media Pirates

Copyright Fundamentals for Genealogy

My Copyright was Infringed!

What is NOT protected by copyright?

Copyright Claims That Just Ain't So

 

Copyright Concepts:

Authors Labor

Authors Rights

Civil or Criminal?

Compilations

Constitutionally

Copyright Facts

Copyright Notice

Duration

Electronic Mail

Fair Use

Fair Use and the DMCA

Foreign Works

From Creation

Genealogy

Inadvertent Infringement

Infringement

Infringement Remedies

Licenses and Notices

Not Everything Protected

Originality

Ownership

Permissions

Plagiarism

Pre-planning

Public Domain

Purpose of Copyright

Really Copyrighted?

U.S. Government Works

What's Protected -

Who Owns the Law? -

Work Place Training

 

About Copy Right, Copy Sense

 

© 2005, Michael Goad