Infringement (Copyright)
What does "Infringement (Copyright)" mean in law?
Copyright infringement occurs when a person violates any of the exclusive rights granted to a copyright holder under 17 U.S.C. section 106 without authorization or a valid defense such as fair use. A plaintiff must prove two elements: (1) ownership of a valid copyright and (2) copying of constituent elements of the work that are original. Copying can be proven through direct evidence or, more commonly, by showing the defendant had access to the work and the two works are substantially similar. In A&M Records v. Napster (2001), the court found both direct infringement by users who uploaded and downloaded copyrighted music files and contributory and vicarious infringement by Napster for facilitating that copying.
Definition
Copyright infringement occurs when a person violates any of the exclusive rights granted to a copyright holder under 17 U.S.C. section 106 without authorization or a valid defense such as fair use. A plaintiff must prove two elements: (1) ownership of a valid copyright and (2) copying of constituent elements of the work that are original. Copying can be proven through direct evidence or, more commonly, by showing the defendant had access to the work and the two works are substantially similar. In A&M Records v. Napster (2001), the court found both direct infringement by users who uploaded and downloaded copyrighted music files and contributory and vicarious infringement by Napster for facilitating that copying.
Example
A website operator who uploads full-length Hollywood films for free streaming commits copyright infringement by reproducing and publicly distributing the studios' copyrighted works without authorization.