LW 221 Lecture Notes - Lecture 1: Indian Termination Policy, Clorox
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The work is fixed in a tangible medium. To establish copyright infringement, a plaintiff must prove: The plaintiff holds a valid copyright to the material; and. The defendant copied the material or violated any other exclusive right of the copyright holder. Permitted without permission of copyright holder: public domain: life of creator plus 70 years, first sale doctrine, fair use, review/criticism of a scholarly or technical work, parody or satire, new reporting, use of small portion in teaching. Secondary liability for copyright infringement: a person can be held liable for providing assistance to someone else who engages in copyright infringement. Plaintiff must prove: there had been an underlying direct copyright infringement, the defendant knew or had reason to known; and, the defendant actively participated by inducing or materially contributed. Protection for online service providers- dcma safe harbor act. Three types of trademarks: inherently distinctive- protected immediately, fanciful, ex.