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Please be sure to include responses to items 1-9 above in your email. 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.
The U.S. Congress adopted the Intellectual Property Protection and Courts Amendments Act (also known as the Anti-Counterfeiting Amendments Act) in 2004. [24] This law expanded criminal penalties to criminalize trafficking of counterfeit copyrighted works. [25]
The charges allow copyright holders, who succeed with claims of infringement, to receive an amount of compensation per work (as opposed to compensation for losses, an account of profits or damages per infringing copy). Statutory damages can in some cases be significantly more than the actual damages suffered by the rightsholder or the profits ...
Criminal copyright laws prohibit the unacknowledged use of another's intellectual property for the purpose of financial gain. Violation of these laws can lead to fines and jail time. Criminal copyright laws have been a part of U.S. laws since 1897, which added a misdemeanor penalty for unlawful performances if "willful and for profit". Criminal ...
Compulsory licensing laws generally say that for certain uses of certain works, no infringement occurs as long as a royalty, at a rate determined by law rather than private negotiation, is paid to the copyright owner or representative copyright collective. Some fair dealing laws, such as Canada's, include similar royalty requirements. [63]
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 .
In Tekla Corporation and Ors. v Survo Ghosh and Ors., [22] the Delhi High Court ruled that the defence of copyright misuse was not available to the defendants either in a suit for permanent injunction from infringing a plaintiff’s copyright or in an action for damages for copyright infringement. In 2011, the plaintiffs had initiated a suit ...
Fishman believes that because US federal law preempts state law when it conflicts with federal law, that such copyright-like licenses should be unenforceable. [6] However, the first two cases dealing with violations of such licenses decided that the licenses were enforceable, despite the fact that the material used was in the public domain: [ 6 ...