Copyright Law and Types of Infringement

Jul 8, 2024

Week 5: Copyright Law

Introduction to Copyright Law

  • Used to be a less prominent area, but has become dynamic with the internet.
  • The internet acts as a "copyright infringement machine" by making perfect digital copies easily.
  • Important for law students due to its evolving nature.
  • Everyday copyright infringement happens unintentionally (e.g., downloading, using images).

Educational Context

  • Infringement often occurs in educational settings (e.g., class blogs, Blackboard).
  • The lecturer feels comfortable using copyrighted material in class due to non-profit educational purposes.

Key Questions to Explore

  • When is copyright infringement bad?
  • When is it acceptable or legal?
  • Distinction is critical for all majors and young professionals.

Main Topics for the Week

  1. Types of Infringement
  2. What is Copyrightable?
  3. Defenses Against Copyright Infringement

Types of Infringement

  1. Direct Copying

    • Most common type; 99.9% of claims.
  2. Vicarious Infringement

    • Not intended for infringement but misused by others.
    • Sony Case (1984): Supreme Court ruled that the VCR was not invented for infringement; Sony not responsible for users’ actions.
    • Example: Apps that are not meant for infringement but are misused, like music capture from YouTube.
    • Key Point: Company is not responsible if the app was not designed for infringement.
  3. Contributory Infringement

    • Product is specifically designed for infringement.
    • Napster Case: First music file-sharing program intended for infringement; Supreme Court held Napster responsible.