Copyright Infringement and its Exceptions
Copyright Infringement
Copyright infringement occurs when a copyrighted work is used, reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner, violating their exclusive rights.
Examples of infringement:
Copying and distributing a book without authorization
Downloading or sharing copyrighted music or movies illegally
Using copyrighted images or software without a license
Consequences:
Legal actions like injunctions, damages, fines, or criminal penalties
Loss of reputation and financial harm to the copyright owner
Exceptions to Copyright Infringement
Certain uses of copyrighted works are allowed without permission under specific exceptions or limitations, often to balance public interest with the rights of creators. Common exceptions include:
1. Fair Use (or Fair Dealing)
Limited use for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
Factors considered: purpose, nature of the work, amount used, and effect on market value.
2. Educational Use
Use of copyrighted material in classrooms or educational settings, often under fair use or specific educational licenses.
3. Parody and Satire
Using parts of a work to create a parody or satire, which comments on or critiques the original.
4. Libraries and Archives
Copying for preservation, replacement, or research purposes by libraries or archives.
5. Incidental Use
Brief or accidental use of copyrighted material that is not central to the new work.
6. Use by Disabled Persons
Adaptations of works for visually impaired or disabled persons (e.g., braille editions).
Summary
| Aspect | Copyright Infringement | Exceptions |
|---|---|---|
| What it means | Unauthorized use violating copyright rights | Limited uses allowed by law |
| Examples | Illegal copying, distribution, public display | Fair use, education, parody, archives |
| Legal consequences | Lawsuits, damages, injunctions | No infringement claim if conditions met |
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