What Is a Copyright Violation?
A copyright violation occurs when an individual disregards the exclusive rights of a copyright holder through the unapproved copying or use of the author's creative work. This violation is known as "infringement."
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Proving Infringement
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Proving infringement is accomplished by demonstrating that the accused infringer had access to the work and that his work is substantially similar (or the same) as that of the holder of the copyright.
Contributory Infringement
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Contributory or "secondary" infringement takes place when a third party causes, contributes to or induces infringement. An example of contributory infringement is when a copy shop photocopies an entire textbook for a college student. The copy shop is a contributory infringer.
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Vicarious Infringement
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Vicarious infringement holds another party responsible for infringement due to the relationship between that party and the alleged infringer. A school may be held responsible if a teacher photocopies entire textbooks for students--even though the school had no knowledge of this activity.
Defense to Infringement
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The most common defense to a charge of infringement is that of fair use, which permits use of portions of copyrighted material without an author's express permission. Quoting short passages or excerpts from a book is fair use, as is photocopying a very small portion of a work for purposes of instruction. Listening to or watching streaming music or video is fair use as long as a website has the authority to make the work available; however, downloading the file and storing it on your computer is not considered fair use unless the movie or music is purchased from a legitimate site such as iTunes.com or Amazon.com. Using photographs and pictures not in the public domain is also not permitted without express permission of the author (or by way of a licensing agreement).
Legal Remedies
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There are a variety of legal remedies courts use to prevent future infringement and punish infringers. A copyright holder may get injunctive relief--a court order expressly forbidding the infringing activity--and copies of infringing work may be impounded and destroyed. Copyright holders who successfully sue their infringers may also receive compensatory or statutory damages, as well as reimbursement for attorney's fees.
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