For the most part, the criminal law is only used for commercial copyright infringement with one exception, and an offence is committed when knowing or reasonably suspecting that the files are illegal copies, and without the permission of the copyright owner, a person:
makes unauthorised copies e.g. burning music files or films on to CD-Rs or […]
In British Law, any modification of data stored on a computer so that unauthorised access is gained to software packages, games, movies, and music would be a criminal offence under ยง3 Computer Misuse Act 1990. So, if a read-only music CD is placed in a PC drive and the contents loaded into the computer’s memory […]
U.S. law requires a copyright holder to establish ownership of a valid copyright and the copying of constituent elements of the work that are original. Assuming the plaintiff proves ownership of a valid copyright, the holder must then establish both actual copying and improper appropriation of the work. The burden lies with the plaintiff to […]
The most important international treaty concerning copyright infringement is the Berne Convention of 1886 as amended. The United States finally became the 80th signatory of the treaty with the Berne Convention Implementation Act of 1988, over 100 years after the passage of the original treaty in Paris. The US signed the treaty with one important […]
Though many jurisdictions impose penalties for certain blatant acts of copyright infringement and may try to stop certain infringing imports at the border, copyright infringement is still mainly prosecuted through private lawsuits by the copyright holder or their exclusive licensees. When successful, these lawsuits will typically impose monetary damages against the infringer as well as […]
The unlawful downloading of copyrighted material and sharing of recorded music in the form of MP3 and other audio files is more prominent than ever, even after the demise of Napster and a series of infringement suits brought by the American recording industry. Promotional screener DVDs distributed by movie studios (often for consideration for awards) […]
The practice of labeling the act of infringement as “piracy” actually predates copyright itself. Even prior to the 1709 enactment of the Statute of Anne, generally recognized as the first copyright law, the Stationers’ Company of London in 1557 received a Royal Charter giving the company a monopoly on publication and tasking it with enforcing […]