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A copyright notice may still be used as a deterrent against infringement, or as a notice that the owner intends on holding their claim to copyright. [3] It is also a copyright violation, if not also a federal crime, to remove or modify copyright notice with intent to "induce, enable, facilitate, or conceal an infringement". [ 4 ]
The first way an OSP can be put on notice is through the copyright holder's written notification of claimed infringement to the OSP's designated agent. This must [13] include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You are free: to share – to copy, distribute and transmit the work; to remix – to adapt the work; Under the following conditions: attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made.
Upon obtaining such knowledge, the online host must act expeditiously to remove or to disable access to the information. [16] The Directive does not set out notice and takedown procedures but it envisaged the development of such a process because online hosts who fail to act expeditiously upon notification lose limited liability protection.
However, the U.S. still provides legal advantages for registering works of U.S. origin. For example, a registration, or a refusal of registration, [2] is required before an infringement suit may be filed in a US court and registration is required for claiming statutory damages in most cases.
For example, a paper describing a political theory is copyrightable. The paper is the expression of the author's ideas about the political theory. The theory itself is just an idea, and is not copyrightable. Another author is free to describe the same theory in their own words without infringing on the original author's copyright. [8]
Contributory liability or contributory infringement has been widely defined as a form of liability on the part of someone who is not directly infringing but nevertheless is making contributions to the infringing acts of others. Material contributions to the act (or enabling thereof), as well as knowledge of the act itself, are key elements of ...
35 U.S.C. § 271(b) creates a type of indirect infringement described as "active inducement of infringement," while 35 U.S.C. § 271(c) creates liability for those who have contributed to the infringement of a patent. Both types of indirect infringement can only occur when there has actually been a direct infringement of the patent. [5]