CCT206H5 Chapter Notes - Chapter 3: Copyright Infringement, Creative Commons License, Secondary Liability
20 Apr 2016
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Occurs when the infringer publishes or distributes copyrighted material without permission from the copyright holder. Plaintiff must show ownership of the copyright and that the defendant violated his exclusive rights under the copyright act. Note: the photographer owns the copyright- the subject of the photo can sue on other grounds, but not copyright infringement. The material is not published or distributed (includes posting to a website, social media, email, etc) The material is not copyrighted (ex. in the public domain) The copyright holder has given permission (ex. a creative commons license) 4 distinct types of secondary liability for copyright infringement: > commits infringement directly by engaging in a volitional act. > has the right and ability to control an infringer"s activity and receives financial benefit from the infringement. > distributes a device with the object of promoting its use to infringe copyright. > it is illegal to copy someone"s text, artwork, music or photographs without their.
