Also known as: copyright infringement · infringing copyright · infringes copyright · infringed copyright
Written by attorneys · grounded in primary & secondary sources — see below
The unauthorized exercise of one or more of the exclusive rights granted to a copyright owner by federal statute. Such conduct gives rise to civil liability when the plaintiff establishes copying of original expression and substantial similarity between the works.
Ridge Eco sues Prime Sustainability in federal court alleging unauthorized copying of its climate maps. The complaint also asserts a state unfair-competition claim arising from the same maps and submissions to a state agency. The court exercises supplemental jurisdiction over the state claim because it shares a common nucleus of operative fact with the federal copyright claim.
Ismael Ibrahim writes a song that copies the melody and lyrics of a popular track but alters the words to mock the original artist. The copyright owner sues for infringement. The court weighs the four fair-use factors to decide whether the parody qualifies as a defense.
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Ingrid Innes buys textbooks printed abroad under license and resells them in the United States. The publisher sues for copyright infringement based on the importation. The court determines whether the first-sale doctrine applies to copies made outside the United States.
Ironclad Industries distributes software designed to let users locate and download copyrighted music files. Record labels sue, alleging the company induced infringement. The court examines whether the distributor promoted infringement with the requisite intent.
Island Manufacturing sells video recorders that consumers use to tape television programs for later viewing. Studios sue for contributory infringement. The court considers whether the recorders are capable of substantial noninfringing uses.
Innovate Pharmaceuticals publishes excerpts from a former president's unpublished memoir in a magazine article. The copyright owner sues for infringement. The court analyzes whether the news-reporting purpose and the amount taken support a fair-use defense.
A federal court may exercise supplemental jurisdiction over the state claim when both claims arise from the same set of facts and share a common nucleus of operative fact. The copyright claim supplies federal-question jurisdiction, and the related state claim forms part of the same case or controversy.
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The court weighs the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the original work.
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The doctrine applies to copies lawfully made under the Copyright Act. Courts have addressed whether foreign-made copies qualify as lawfully made under the Act for purposes of the first-sale defense.
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…54, 57. Four of these were fictitious listings that Rural had inserted into its directory to detect copying. Rural sued for copyright infringement in the District Court for the District of Kansas taking the position that Feist, in compiling its own directory, could not use the information contained in Rural's white pages. Rural…