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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 ...
Direct evidence of actual copying by a defendant rarely exists, so plaintiffs must often resort to indirectly proving copying. [1] [page needed] Typically, this is done by first showing that the defendant had access to the plaintiff's work and that the degree of similarity between the two works is so striking or substantial that the similarity could only have been caused by copying, and not ...
United States copyright law protects original expressions but not facts, methods, discoveries, or other ideas being expressed, a doctrine known as the idea–expression distinction. Despite making this distinction, verbatim copying is not always required for copyright infringement, as paraphrasing is also prohibited in certain circumstances. [6]
A copyright owner may bring a copyright infringement lawsuit in federal court. Federal courts have exclusive subject-matter jurisdiction over copyright infringement cases. [75] That is, an infringement case may not be brought in state courts. (With an exception for works not protected under Federal law, but are protected under state law, e.g ...
To prove infringement, an owner must present evidence establishing that the accused has copied protected elements of the original work. [5] If proven, possible infringement remedies include an order to cease sharing and/or to destroy the work (known as an injunction), or monetary damages.
Second, there is the 'enough and as good' requirement which states that when the author/creator of a work acquires something from the common resources then they should make sure that such acquisition does not impair or infringe any other persons ability to make use these common resources. [2]
On 31 October 2007, Warner Bros. and Rowling sued RDR Books to block the book's publication. [3] Rowling, who previously had a good relationship with Vander Ark, reiterated on her website that she plans to write a Harry Potter encyclopedia, and that the publication of a similar book before her own would hurt the proceeds of the official encyclopedia, which she plans to give to charity. [4]
Limitations and exceptions to copyright are provisions, in local copyright law or the Berne Convention, which allow for copyrighted works to be used without a license from the copyright owner. Limitations and exceptions to copyright relate to a number of important considerations such as market failure , freedom of speech , [ 1 ] education and ...
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