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The original seeder only needs to send out one copy of the file for all the clients to receive a copy. These types of intermediaries do not host or transmit infringing content, themselves, but may be regarded in some courts as encouraging, enabling or facilitating infringement by users.
Willful infringement, by extension, requires a higher degree of culpability. The degree of knowledge or “willfulness” required for civil liability for copyright infringement is rather low and undefined. No knowledge or intent is strictly necessary for a finding of civil infringement, insofar as it is a strict liability offense.
If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to AOL or sending us a counter-notice. This “notice and takedown” process is regulated by statute.
Fair use is the use of limited amounts of copyrighted material in such a way as to not be an infringement. It is codified at 17 U.S.C. § 107, and states that "the fair use of a copyrighted work ... is not an infringement of copyright." The section lists four factors that must be assessed to determine whether a particular use is fair.
Distributors of peer-to-peer file-sharing software can be liable for copyright infringement if there are "affirmative steps taken to foster infringement". Microsoft Corp. v. AT&T Corp. 550 U.S. 437
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
The portrayal of the Marx brothers as characters in a play was held to be an infringement of their right to publicity. [30] Dilution: Yet another remedy with its roots in trademark law is that of dilution. Under the doctrine of dilution, the plaintiff can seek relief for whittling away of the value of character. This doctrine has been applied ...
USA TODAY reviewed a copy of the notice sent via email. In it, the company's lawyer told the addressee to cease the use of any Dr. Seuss intellectual property, cancel any future scheduled photo ...