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Copyright infringement
Intellectual Property Rights

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Legal Phrases

 

Term: copyright infringement

1.

Copyright infringement takes place when a person, without the license or permission of the copyright owner exercises one of the exclusive rights of the copyright owner. Copyright protects against literal or verbatim copying as well as copying a substantial part of a copyright work.

A person infringing copyright is liable for damages and may be ordered by way of an injunction to cease and desist further infringements. Depending upon the disregard of the rights of the copyright owner and the benefit received by the infringement, the infringer may be liable for additional damages.

In essence the sum of damages is usually a notional license fee determined by the court with reference to previous decisions.

Usage: The reproduction of the artistic work by the publisher was an copyright infringement of the author's exclusive rights.

Related Words: Copyright, Designs and Patents Act 1988 UK; substantial part; exclusive rights of copyright; performance rights; literary work; artistic work; musical work; sound recording; intellectual property; intellectual property rights; copyright monopoly.


 

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