What Is Copyright Infringement?

By Author: Peter Wendt
Total Articles: 34
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Due to the continued concerns over fair use and Internet user's downloading of copyrighted material from peer-to-peer networks, copyright infringement continues to be an important legal matter. Though the definition of copyright infringement is straightforward, the legal and ethical issues surrounding the term are divisive.

Determining the Copyright Owner

Within copyright law, the author of an original expression in a work is the copyright owner unless a written agreement exists granting ownership to another person or business. When authors work under made for hire contracts, the copyright owner is considered the author and owner of the copyright, under the 1976 Copyright Act.

Copyright Office Definition of Infringement

According to the U.S. Copyright Office, copyright infringement results from a copyrighted work being reproduced, distributed, displayed, or performed without the permission of the copyright owner. Additionally, making a derivative work based on a copyrighted work falls under the definition of copyright infringement. These acts are seen as violating a copyright owner's exclusive rights, ...
... which are granted by the federal Copyright Act.

Requirements for Determining Copyright Infringement

In order for a copyright infringement to occur, the Copyright Act requires three requirements to be met. One, the copyright holder must possess a valid copyright. Secondly, the person accused of infringing the work must have access to the work. Finally, the duplication of copyrighted work must fall outside of the excepted uses of copyrighted material.

Exceptions

Three exceptions exist to duplicating copyrighted material. The fair use exception permits the duplication of copyrighted material for the purpose of teaching, literary criticism, and reviewing. Another exception exists for works in the "public domain," which refers to previously copyrighted works whose copyright has expired. A final exception to copyright infringement includes non-copyrightable items, such as facts or ideas.

Peer-to-Peer Networks

A peer-to-peer (P2P) network allows computers to communicate directly with each other and bypass a central server. A popular use of P2P networks involves exchanging files over the Internet. Beginning in the 1990s, copyright holders began taking legal action against P2P intermediaries such as Napster, BitTorrent, and Limewire. Though the intermediaries do not host or upload the infringing content, the copyright holders have argued that they are encouraging and facilitating infringement.

Legal Penalties

If convicted of copyright infringement, the infringer is responsible for paying the damages and profits dollar amount as well as all of the attorney fees and court costs. Additionally, an injunction can be made against the infringing acts, and the illegal works can be impounded. A fee of $200 to $150,000 for each infringed work can be charged. Jail time may also be assigned in severe cases.

Peter Wendt is a writer & researcher living in Austin, Texas. He has a background in law and enjoys sharing information with the public. If you are in need of copyright protection, contact Austin business attorney , John McDuff, for help.