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Without establishing the threshold value, legitimate infringement, or the requisite state of mind, there can be no criminal liability. If the defendant can show they had a legitimate copy or use – such as through the first-sale doctrine or the fair use doctrine – then the burden of proof falls on the government. [9]
Coded anti-piracy marks can be added to films to identify the source of illegal copies and shut them down. In 2006, a notable example of using Coded Anti-Piracy marks resulted in a man being arrested [79] for uploading a screener's copy of the movie Flushed Away. Some photocopiers use Machine Identification Code dots for similar purposes.
This is an abridged version of Teddi Fishman's definition of plagiarism, which proposed five elements characteristic of plagiarism. [57] According to Fishman, plagiarism occurs when someone: Uses words, ideas, or work products; Attributable to another identifiable person or source; Without attributing the work to the source from which it was ...
Copying from a source acknowledged in a well-placed citation, without in-text attribution Inserting a text— copied word-for-word, or closely paraphrased with very few changes from a copyrighted source—then citing the source in an inline citation after the passage that was copied, without naming the source in the text.
This may mean for example that a copy of a book that does not infringe copyright in the country where it was printed does infringe copyright in a country into which it is imported for retailing. The first-sale doctrine is known as exhaustion of rights in other countries and is a principle which also applies, though somewhat differently, to ...
Commonly, this involves someone creating or distributing a "copy" of a protected work that is "substantially similar" to the original version. Infringements requires copying. If two people happen to write exactly the same story, without knowledge of the other, there is no infringement.
In the case of the ebook example, the ruling observed that the user may have to type a quote from the ebook rather than copy and paste from the unprotected version. [47] 321 Studios v. Metro Goldwyn Mayer Studios, Inc. – 321 Studios made copies that allowed users to copy DVDs, including those with CSS copy protection, to another DVD or to a ...
Substantial similarity is the term used by all courts to describe, once copying has been established, the threshold where that copying wrongfully appropriates the plaintiff's protected expression. It is found when similarity between the copyrightable elements of two works rises above the de minimis exception, reaching a threshold that is ...