Ya-Online-Juegos.com | Copyright – Copyright Infringement – How Much Similarity is Required For "substantial Similarity"?

JuegosIn order to bring a copyright infringement lawsuit, the copyright holder must be able to establish three elements. The first, ownership of a valid copyright, requires that the copyright relate to an original work of authorship that is fixed in a tangible medium. The second element requires actual copying of that work, which can be shown using either direct evidence, indirect evidence, or a combination of both. Finally, a copyright holder must prove misappropriation. It is this third element that goes directly to the question posed in this article. How much of my work can be incorporated in another work before it constitutes copyright infringement?

TrabajarA legal battle was launched in February by Fairey against the Associated Press. Fairey claimed his use of the photograph taken by AP's Mannie Garcia of then-Senator Barack Obama appearing on the artist's "HOPE" poster was not copyright infringement. The Associated Press fought back arguing willful copyright infringement over use of the photograph.

The artist originally stated that he based his poster on a photo of Obama sitting next to actor George Clooney. He has now changed his mind as to which AP photo he actually used in creating his work.

Trabajo Empleo Not to long ago there was a file sharing site that was in the news everyday. This file sharing site provided an arena where music could be shared amongst users. Basically a user would become a member by filling out a short membership form agree to the terms of service and would have immediate access to this website. The member would than be able to down load music that other members had uploaded to the site.

If one member bought the latest CD and uploaded to the website , potentially millions of other members had access to this CD free of charge. The music industry was losing quite a bit of money. Clearly this was a case of large scale copyright infringement. Suffice to say in this instance the copyright laws were enforced and continue to be enforced in this forum. This is just one instance of copyright infringement online, it occurs everyday. Software is shared, music, movies, books all of it shared online, all of it clearly copyright infringement.

Term papers are another place where copyright infringement occurs regularly through plagiarism. It seems relatively harmless, a few lines copied without giving proper credit to the original author, but it is not legal and could wind up with an expulsion from school, though it very rarely does. This is another arena where it is difficult to enforce the rules, it would take an instructor many extra hours added to their work day to check each and every paper that they receive.

Enforcement is rare because it is difficult to trace every incident and because it is so prevalent virtually millions of people would wind up owing someone money you can be published without charge. You can to republish this article in your website or blog. Please provide links Active.

Tags: , , , , ,

This entry was posted on Tuesday, April 6th, 2010 at 1:13 am and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

Comments are closed.


Login