* Copyright Infringement and Defenses
Expert-defined terms from the Professional Certificate in Intellectual Property and Copyright Law course at London School of Planning and Management. Free to read, free to share, paired with a globally recognised certification pathway.
Abstraction #
Filtration-Comparison Test: A test used to determine whether a copyrighted work has been infringed. It involves three steps: (1) comparing the allegedly infringing work to the copyrighted work, (2) filtering out elements of the copyrighted work that are not protected by copyright, and (3) comparing the remaining elements of the two works to determine if there is substantial similarity.
Copyright #
A legal right that gives the creator of an original work exclusive rights to reproduce, distribute, and display the work for a certain period of time. In the United States, copyright protection is granted to original works of authorship that are fixed in a tangible medium of expression.
Copyright Infringement #
The unauthorized use or reproduction of a copyrighted work. Examples of copyright infringement include making unauthorized copies of a book, movie, or music recording, or using copyrighted images or text on a website without permission.
Defenses to Copyright Infringement #
There are several defenses to copyright infringement, including fair use, the de minimis doctrine, and the idea/expression dichotomy. Fair use allows for the limited use of copyrighted material for certain purposes, such as criticism, commentary, news reporting, teaching, scholarship, or research. The de minimis doctrine allows for the use of small, insignificant portions of a copyrighted work. The idea/expression dichotomy holds that copyright protection extends only to the expression of an idea, not the idea itself.
Derivative Work #
A work that is based on or derived from a pre-existing copyrighted work. Examples of derivative works include translations, musical arrangements, and movie adaptations of books.
Fair Use #
A legal doctrine that allows for the limited use of copyrighted material without permission from the copyright owner. Fair use is determined by considering four factors: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used, and (4) the effect of the use on the market for the original work.
Infringement #
The unauthorized use or reproduction of a copyrighted work.
Intellectual Property #
Property rights that protect original creations of the mind, such as inventions, literary and artistic works, symbols, names, images, and designs. Intellectual property includes copyrights, patents, trademarks, and trade secrets.
International Copyright #
Copyright protection that extends beyond a single country. Many countries have agreed to recognize the copyrights of other countries through international treaties and agreements.
Joint Work #
A work that is created by two or more authors with the intention that their contributions will be merged into inseparable or interdependent parts of a unitary whole.
License #
A permission granted by the copyright owner to use a copyrighted work in a specific way.
Original Work of Authorship #
A work that is created by a human author and possesses a minimal degree of creativity.
Public Domain #
A work that is not protected by copyright and is free for anyone to use. Works enter the public domain when their copyright protection expires, or if they were never eligible for copyright protection.
Registration #
The process of registering a copyrighted work with the copyright office. Registration is not required for copyright protection, but it is necessary to bring a lawsuit for copyright infringement.
Statute of Limitations #
The time limit within which a lawsuit must be brought. In the United States, the statute of limitations for copyright infringement is three years.
Substantial Similarity #
A legal standard used to determine whether two works are similar enough to constitute copyright infringement. A work is considered substantially similar to a copyrighted work if an ordinary observer would find the two works to be strikingly similar.
Transformation #
The process of creating a new work that is based on a pre-existing copyrighted work, but is significantly different in purpose or character.
Work Made for Hire #
A work that is created by an employee within the scope of their employment, or a work that is specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as an answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.
In conclusion, copyright infringement and defenses are important concepts in the… #
Understanding these terms is crucial for creators, users, and enforcers of copyrighted works. This glossary provides a comprehensive overview of the key terms and concepts related to copyright infringement and defenses. By familiarizing yourself with these terms, you will be better equipped to navigate the complex world of copyright law and protect your own intellectual property.