IPL 4 - Nature of Copyright

Copyright grants the owner the right to control the reproduction, publication, public performance, communication, and adaptation of their work.

Even a significant reproduction of a work is considered copying and copyright infringement.

Making a work available to the public.

Electronically transmitting a work to the public (e.g., online).

The right to change a work's format or language (e.g., translating or creating a film).

Using someone else's copyrighted work without permission, requiring a connection between the work and the infringement act.

Specific exceptions (permitted uses) to copyright infringement, assessed based on four factors.

The right to copy a work.

The right to share a work with the public.

Publication is a one-time event; communication can happen repeatedly.

The exclusive right to perform a work in public.

The right to change a work into a new format.

The condition used to check if a work is eligible for copyright protection.

How long copyright lasts.

Copyright for published works generally lasts 70 years after the author's death.

Copyright infringement occurs when someone uses a copyrighted work without permission, considering factors like subsistence, primary infringement, and defenses.

Copyright protects the expression of ideas, not the ideas themselves, such as facts or data.

Copyright protection depends on the originality and effort put into a work. More original works with more skill and labor receive stronger protection.

A collection of facts, if arranged or selected in an original way, can be eligible for copyright protection.

This case highlighted the importance of originality in copyright protection, particularly for compilations of facts.

Copyright infringement is determined by assessing whether a work exists (subsistence) and if it has been copied (prima facie infringement).

There are legal defenses to copyright infringement, such as fair use or non-infringing use.

Works with limited originality, like simple compilations, receive weaker copyright protection.

Copyright violations can also include authorizing someone to do something that infringes copyright, even if you don't directly do it yourself.

This act of copyright infringement refers to activities like selling, exhibiting things for sale, or otherwise commercially dealing with a copyrighted work.

To prove copyright infringement in commercial dealing, the claimant must demonstrate that the defendant was aware or should have reasonably been aware that the article violated copyright.

An exception to copyright infringement, meaning that using a copyrighted work in a specific way is allowed.

These factors determine whether a use of copyrighted material is fair. These include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market.

Directly copying or using someone else's copyrighted work without permission.

Infringing copyright by commercially selling or importing infringing copies of a work.

A proven connection between the allegedly infringing work and the original copyrighted work.

A significant part of a copyrighted work that attracts copyright protection.

The specific categories of works that copyright protects, such as literary works, sound recordings, or films.

Identifying the exact copyrighted elements being infringed, such as the specific text, music, or visuals.

Copyright grants the owner exclusive rights to control how their work is used, copied, adapted, and performed.

Two individuals independently taking photos of the same scene do not constitute infringement, as there is no copying.

A crucial element of infringement where the alleged infringer had access to the copyrighted work.

The right to create copies of a copyrighted work, including physical copies and digital reproductions.