Copyright Infringement Action

A Copyright Infringement Action is a legal action taken against legal parties that utilize copyrighted material without permission for a usage where such permission is required, often infringing certain exclusive rights granted to the copyright holder.

• Context:
  • It can range from being a Copyright Infringement Allegation to being a Copyright Infringement Conviction.
  • It can lead to Civil Proceedings or, in severe cases, Criminal Proceedings.
  • It can trigger mechanisms such as Notice And Take Down Procedures or Direct Legal Actions.
  • It can involve the use of Large Language Models (LLMs) that inadvertently generate text closely resembling copyrighted material.
  • It can necessitate the implementation of AI-Specific Safeguards, such as metaprompts or content filters, to prevent the generation of copyrighted material.
  • ...
• Example(s):
  • a Digital Media Copyright Infringement, such as:
    • An instance where a music streaming service uses copyrighted songs without obtaining the necessary licenses from copyright holders.
  • a Print Media Copyright Infringement, such as:
    • A case where a publisher reproduces excerpts from a copyrighted book in a magazine without prior permission.
  • a Broadcast Media Copyright Infringement, such as:
    • Where a television broadcaster airs a movie without securing broadcast rights from the copyright owner.
  • a Online Content Copyright Infringement, such as:
    • Where a website reproduces articles from a news outlet verbatim without permission, leading to a copyright infringement lawsuit.
  • a Generative AI Text Copyright Infringement, such as:
    • A scenario where a generative AI model used for text generation in a commercial product produces output that closely mimics copyrighted text without proper citations or licensing.
  • a Code Generation Copyright Infringement, such as:
    • Where a generative AI system produces software code that is substantially similar to proprietary code, leading to copyright claims from the original developers.
  • ...
• Counter-Example(s):
  • a Fair Use Assertion, where copyrighted material is justified under fair use criteria, such as for educational purposes, commentary, or criticism.
  • a License Agreement Compliance, where the user has obtained proper authorization or a license to use the copyrighted material, hence not infringing any copyright laws.
• See: Pejorative, Copyright, Exclusive Right, Derivative Work, Notice And Take Down, Civil Law (Common Law), Counterfeit, Criminal Justice.

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References

2024

• (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Copyright_infringement Retrieved:2024-4-17.
  • Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.

    Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Shifting public expectations, advances in digital technology and the increasing reach of the Internet have led to such widespread, anonymous infringement that copyright-dependent industries now focus less on pursuing individuals who seek and share copyright-protected content online,and more on expanding copyright law to recognize and penalize, as indirect infringers, the service providers and software distributors who are said to facilitate and encourage individual acts of infringement by others.

    Estimates of the actual economic impact of copyright infringement vary widely and depend on other factors. Nevertheless, copyright holders, industry representatives, and legislators have long characterized copyright infringement as piracy or theft – language which some U.S. courts now regard as pejorative or otherwise contentious.

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