Also known as: piracies · copyright piracy · maritime piracy
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Criminal violence or robbery committed at sea. The Constitution empowers Congress to define and punish such acts when they occur on the high seas.
Criminal violence or robbery committed at sea. The Constitution empowers Congress to define and punish such acts when they occur on the high seas.
Select any source to read its text and confirm it supports the definition.
Unauthorized reproduction or distribution of materials protected by copyright, patent, or trademark law.
Select any source to read its text and confirm it supports the definition.
Unauthorized reproduction or distribution of materials protected by copyright, patent, or trademark law.
Each sense below has its own examples, sources, and questions.
Paul Peterson captains a vessel that seizes cargo on the high seas without authority. Congress exercises its power under Article I to enact a statute defining and punishing the conduct as piracy. The statute applies directly to Peterson's actions because they occurred beyond any state's jurisdiction.
Phoebe Park's ship takes enemy goods during hostilities. The United States later ratifies the seizure rather than treating it as unauthorized piracy. The court holds that sovereign adoption converts the act into lawful prize and removes any piracy label.
Article I Section 8 grants Congress the power to define and punish piracies and felonies committed on the high seas. This authority is distinct from state criminal jurisdiction.
Supporting sources
Intentional piracy can constitute a superseding cause when the third party's high culpability outweighs the ship owner's negligence in leaving access points unsecured. Courts weigh the degree of culpability under Restatement factors.
Supporting sources
Pierce Patterson operates a platform that distributes software enabling users to copy copyrighted music files. The service profits from the infringement and shows clear intent to induce copying. Studios sue successfully because the platform's design and marketing constitute contributory piracy.
Parker Phillips compiles a telephone directory containing only names and numbers. A competitor copies the listings without permission. The court finds no piracy because the raw facts lack the originality required for copyright protection.
Perry Pratt records a rap version of a popular ballad that mocks the original lyrics. The new work adds substantial commentary and does not supplant the market for the original song. The court holds the parody is not piracy because it constitutes fair use.
Patrick Phan sells video recorders that consumers use to tape television programs. The manufacturer lacks intent to promote infringement and the devices have substantial noninfringing uses. Studios fail to prove piracy because the sale alone does not constitute contributory infringement.
Copying raw facts does not constitute piracy because copyright protects only original expression. A directory of names and numbers lacks the required originality.
Supporting sources
A parody that adds new expression and commentary qualifies as fair use. It does not supplant the market for the original work and therefore is not piracy.
Supporting sources
Distribution is not piracy if the device has substantial noninfringing uses and the seller lacks intent to promote infringement. The mere possibility of misuse does not create liability.
…the separate authority to establish post offices and post roads, cl. 7, or to grant patents and copyrights, cl. 8, or to "punish Piracies and Felonies committed on the high Seas," cl. 10. It might not even need the power to raise and support an Army and Navy, cls. 12 and 13, for fewer people would engage in commercial…