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Copyright infringement

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The action can only be taken by the copyright owner
The court can grant a variety of remedies in a successfully claim against someone for copyright infringement. These include: • An injunction prohibiting further infringement • Damages for losses incurred by the infringement • An account of profit, i.e. a requirement that anyone who made profit through infringing your copyright transfer that profit to you • The right to seize the infringing articles/work • Delivery up of the infringing articles by the infringer
There are some copyright infringements which are considered a criminal offence. A few examples of activities considered as a criminal offence include acts where someone: • Sells or hires an article which is infringing work, and he or she knows or has reason to believe it is infringing work; • imports into the UK infringing work for use which isn’t for his or her private and domestic use, and had known or has reason to believe it is infringing work; or • possesses infringing work in the course of business, and knows or has reason to believe it is infringing work. If a person is convicted in the magistrates’ court, the infringer may face up a prison sentence of up to six months, and/or a fine of up to £50,000. If convicted in the Crown Court, the infringer may face up to 10 years in prison and/or an unlimited fine.
Section 24(2), CDPA, 1988, states that copyright in a work is infringed by a person who without the license of the copyright owner transmits the work by means of a telecommunications system (otherwise than by broadcasting or inclusion in a cable programme service) knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in the United Kingdom or elsewhere.’ The important exception in this section is that the transmission must not be to the public, including making a transmission available to the public in a way which allows them to access the transmission when and where they choose.
When a person who without the license of the copyright owner does, or authorizes another to do, any of the acts restricted by the copyright.’ As long as the infringing act occurs in the United Kingdom the place of authorization is irrelevant.
Before taking any steps, the owner should carefully assess whether the reproduction is, in fact, an infringement of his copyright (refer to the question on limitations and exceptions to copyright). If there is an infringement of right, he should try to identify the person responsible. If it is impossible or inappropriate to solve the problem by informal means, he can seek a legal remedy from a court or other authority. It is usually possible to bring a claim before a civil court for monetary compensation and also to prevent the continuation or repetition of the infringement. Before taking this step though it is often advisable – and even compulsory in some states –to first send a formal notification to the alleged infringer, requesting him to stop the infringement and/or to pay compensation. Alternatively, if the unauthorized reproduction amounts to the criminal offense of copyright piracy, a complaint may be submitted to the police, public prosecutor or other competent authority in accordance with applicable local law. In some cases, the use of alternative dispute resolution mechanisms (such as mediation, arbitration, expert determination, neutral evaluation, etc.) can provide a valuable alternative to court procedures, as they may lead to a settlement of the dispute in a simpler, faster and cheaper way.
Taking inspiration from someone else’s work is therefore acceptable, but in order to have copyright in user’s work and avoid infringement, he will need to create something original by using his own skill, labor, judgment, and effort. Using another’s work is copyright infringement when ‘the work as a whole or any substantial part of it’ has been copied. In deciding cases like this, courts will weigh the potential impact upon the originator’s ability to market their work with the concern that other people should be able to use it in order to draw inspiration for future work.
In some cases, it may be possible to use works that are not in the public domain without needing to request authorization from or remunerate the author or the right owner. This can occur if such uses are covered by limitations and exceptions in the national legislation. Examples of limitations and exceptions include the quotation of works; the use of news of the day; or the creation of accessible formats for print disabled people.
Plagiarism arises when you reuse somebody else's work giving the impression that it is your original work. This would include not crediting the author of the material you are using while reproducing their work either exactly or with some changes. It can also include reproducing someone's ideas without crediting the author. Copyright infringement is essentially using someone else's work without the permission of the copyright owner. The two things often coincide and overlap, for instance you may be passing another author's work off as your own and simultaneously reusing that work without permission. That would be both plagiarism and copyright infringement. Copyright is a legal concept and infringement of copyright can have serious legal consequences. Plagiarism on the other hand is a matter of academic discipline and ethical standards.
P2P networking is known as a type of network where computers communicate directly with each other, rather than through a central server. Often referred to simply as peer-to-peer, or abbreviated P2P, a type of network in which each workstation has equivalent capabilities and responsibilities in contrast to client/server architectures, in which some computers are dedicated to serving the other computers. A "network" is a group of two or more computer systems linked together by various methods. In recent usage, peer-to-peer has come to describe applications in which users can use the Internet to exchange files with each other directly or through a mediating server.
No, it is not legal, the files distributed over peer-to-peer networks are primarily copyrighted works. Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and distribution.
Anyone found to have infringed a copyrighted work may be liable for statutory damages(In USA, this can go up to $30,000 and $150,000 if willful infringement is proved), and also for the attorney's fees incurred by the copyright owner to enforce his or her rights.
No. The Copyright Law does not permit anyone to sell backup copies to third parties separately from the original copy of the software. If you lawfully own a computer program, you may sell or transfer that lawful copy together with a lawfully made backup copy of the software, but you may not sell the backup copy alone.
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