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A statement that you have identified material on a service that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act); A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant ...
The "innocent infringer" defense, which lowers statutory minimum damages of copyright infringement from $750 to $200, was written in a time when copyright notices would be clearly affixed to physical media, which was part of the expectation in favor of the defense.
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
The defendants, including Columbia Pictures Industries, Inc., RCA Corporation, and several major newspapers, denied Steinberg's allegations of copyright infringement and asserted the affirmative defenses of (1) fair use as a parody, (2) estoppel, and (3) laches. Both parties moved for summary judgment.
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Section 512(f) deters false claims of infringement by imposing liability on anyone who makes such claims, for the damages suffered by other parties as a result of the OSP's reliance on the false claim, and for associated legal fees. This provision has been used in cases such as Online Policy Group v.
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this ...
Universal City Studios, Inc., [5] in which the Supreme Court ruled that media copying technologies were acceptable if they were unlikely to cause widespread copyright infringement beyond the original user. Because of Napster's "actual, specific knowledge of direct infringement," and the unlikelihood of non-infringing uses of Napster, "[W]e are ...
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