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What is copyright infringement? As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. What is peer-to-peer (P2P) networking?
What is copyright? Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
Section 107 of the Copyright Act of 1986 (17 U.S. Code § 107) states that fair use of copyrighted material "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
The plaintiff in a copyright infringement lawsuit has the burden of proving two elements: that they own a copyright, and that the defendant infringed it. To establish ownership of a valid copyright, a plaintiff must demonstrate that the work is original, and that it is subject to legal protection.
In an action for copyright infringement, the plaintiff must prove 1) ownership or of a valid copyright; and 2) that the defendant copied constituent constituent elements of the original work without permission. The plaintiff must own all or some of the copyright to sustain a claim for infringement action.
Examples of Copyright Infringement Illegally downloading music files. Uploading someone else's copyrighted material to an accessible web page. Downloading licensed software from an unauthorized site. Modifying and reproducing someone else's creative work without making significant changes. Recording a movie in a theater.