Copyright Infringement

Definition

Copyright infringement is the unauthorized use or reproduction of copyrighted material, which violates the exclusive rights of the copyright holder. It is a key concept in understanding the scope and limitations of copyright law.

5 Must Know Facts For Your Next Test

1. Copyright infringement can occur through the unauthorized reproduction, distribution, display, performance, or creation of derivative works based on a copyrighted work.
2. The copyright holder has the exclusive right to reproduce, distribute, display, perform, and create derivative works of the copyrighted material.
3. Willful copyright infringement can result in civil and criminal penalties, including monetary damages and potential imprisonment.
4. The fair use doctrine provides an exception to copyright infringement, allowing limited use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, or research.
5. The duration of copyright protection in the United States is generally the life of the author plus 70 years, after which the work enters the public domain and can be used without permission.

Review Questions

• Explain how copyright infringement relates to the exclusive rights granted to copyright holders under U.S. copyright law.
  • Copyright infringement occurs when someone uses a copyrighted work without the permission of the copyright holder, violating the exclusive rights granted to the copyright holder. These exclusive rights include the right to reproduce, distribute, display, perform, and create derivative works based on the copyrighted material. Any unauthorized use of a copyrighted work that falls within these exclusive rights can be considered copyright infringement, subject to potential civil and criminal penalties.
• Describe the relationship between copyright infringement and the fair use doctrine.
  • The fair use doctrine provides an exception to copyright infringement, allowing for the limited use of copyrighted material without the copyright holder's permission. Fair use is determined based on factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work. If a use of copyrighted material falls within the fair use exception, it does not constitute copyright infringement, even if it would otherwise violate the copyright holder's exclusive rights.
• Analyze how the duration of copyright protection in the United States affects the potential for copyright infringement.
  • In the United States, copyright protection generally lasts for the life of the author plus 70 years. After this period, the work enters the public domain and can be used without permission from the copyright holder. This means that older works are less likely to be subject to copyright infringement, as they are no longer protected by copyright law. Conversely, works that are still within the copyright term have a higher potential for copyright infringement, as the copyright holder maintains exclusive rights over the material. Understanding the duration of copyright protection is crucial in determining when a work can be used freely without the risk of copyright infringement.

Related terms

Fair Use:

A legal doctrine that permits the limited use of copyrighted material without the copyright holder's permission, such as for purposes of commentary, criticism, news reporting, teaching, or research.

Public Domain:

Works that are not protected by copyright, either because the copyright has expired or because the work was never eligible for copyright protection in the first place.

Derivative Work:

A new work that is based on or derived from an existing copyrighted work, such as a translation, adaptation, or compilation.