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Copyright infringement

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Copyright infringement occurs when someone uses protected works without obtaining the necessary permission.

Copyright infringement diagram
Copyright infringement diagram

This act violates the exclusive rights granted to a copyright holder. These rights typically include the ability to reproduce, distribute, display, or perform a work. It also includes the right to create derivative works, which are new works based on the original. The copyright holder is usually the creator of the work. However, a publisher or another business may also hold these rights if they were assigned to them. To protect these rights, holders often use legal and technological measures.

Disputes over these rights are handled in several ways. Most disagreements are resolved through direct negotiation between the parties. Another common method is the "notice and take down" process used on many websites. If these methods fail, the dispute may go to litigation in a civil court. In cases involving large-scale commercial infringement, the situation can become more serious. This includes counterfeiting, which is the fraudulent imitation of a product or brand. Such egregious acts are sometimes prosecuted through the criminal justice system.

There is significant debate regarding the terminology used to describe these acts. Many copyright holders and legislators use terms like "piracy" or "theft." However, some legal experts and courts find these terms problematic. The word "piracy" originally referred to robbery or illegal violence at sea. In 1668, publisher John Hancock used the term "Land-Pirats" to describe dishonest booksellers. By 1736, the dictionary of Nathan Bailey used "pirate" to describe both sea robbers and unauthorized publishers. Some argue that using such intense language is pejorative, meaning it is intended to be insulting or to unfairly inflame a jury.

While "theft" is a common term, the law distinguishes copyright infringement from stealing physical objects. Theft involves taking tangible property away from an owner. In contrast, copyright is a form of intellectual property. When someone infringes a copyright, the original creator still possesses the work. In the 1985 case Dowling v. United States, the US Supreme Court ruled that bootleg phonorecords were not stolen property. The court noted that while an exclusive right was invaded, the holder was not deprived of their physical control over the work.

Alfred Schmidt pirated edition
Alfred Schmidt pirated edition

People engage in infringement for a wide variety of complex reasons. Some individuals may be unwilling or unable to pay the price set by legitimate sellers. Others may want to test a product to see if it is worth the cost. In some cases, a product is simply unavailable in a specific country or language. Digital restrictions, such as DRM or region locks, can also motivate people to seek unauthorized copies. These copies often remove advertisements or digital locks that restrict how a user can use the media.

Illicit copies of computer programs
Illicit copies of computer programs

Other motivations are rooted in social or political beliefs. Some people use infringement as a form of protest or boycott against specific companies. They may wish to voice disapproval of a company's business practices or perceived greed. Others believe that certain information should be freely accessible to everyone. In 2013, the United States Army settled a lawsuit regarding software usage. The Army had paid for 500 licenses but allegedly installed the software for more than 9,000 users. This case resulted in a settlement of $50 million.

Video piracy store
Video piracy store

Technology has introduced new terms and methods for infringement. "Freebooting" is a term used for copying online media, like videos, onto sites like Facebook or X. This word is a portmanteau of "freeloading" and "bootlegging." It was suggested by podcaster Brady Haran to describe the looting of online content.

The Pirate Bay logo
The Pirate Bay logo

Additionally, peer-to-peer file-sharing networks have changed how digital content is distributed. This has led to ongoing discussions about how distribution models must evolve to meet consumer needs. Some experts suggest that if companies provide easy, immediate access, consumers will follow legitimate paths.

Video piracy store
Video piracy store
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🖼️ Images & Media (9)
File:Copyrightpirates.jpg
Copyrightpirates.jpg
File:Alfred Schmidt pirated edition.jpg
Alfred Schmidt pirated edition.jpg
File:Copyright infringement diagram.svg
Copyright infringement diagram.svg
File:Illicit copies of computer programs.jpg
Illicit copies of computer programs.jpg
File:Bootleg music on SD cards.jpg
Bootleg music on SD cards.jpg
File:Pro piracy demonstration.jpg
Pro piracy demonstration.jpg
File:The Pirate Bay logo.svg
The Pirate Bay logo.svg
File:Download legal status.png
Download legal status.png
File:Video piracy store.jpg
Video piracy store.jpg
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