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Although noting that the issue "was not a simple one," this court rejected that argument, holding that "the standard for determining copyright infringement is not whether the original could be recreated from the allegedly infringing copy, but whether the latter is substantially similar to the former". Id. at 162 (quotation marks omitted).
any article which he knows or has reason to believe is an infringing copy of that work, commits an offence.
Similarly, the Ninth Circuit Court of Appeals held in 1993 that a computer technician fixed an infringing copy when he loaded a software program into RAM.
Because the shop plays no role in selecting the content, it cannot be held directly liable when a customer makes an infringing copy.
One of the bizarre things that happened as copyright law went digital is that in streaming cases, rights-holders would claim that both an infringing copy had been made and that an infringing performance had occurred just through the single act of streaming.
Similar(55)
During the course of its deliberations on this section, the Committee's attention was directed to a recent court decision holding that the plaintiff in an infringement action had the burden of establishing that the allegedly infringing copies in the defendant's possession were not lawfully made or acquired under section 27 of the present law [section 27 of former title 17].
38(1) C.A. therefore requires that there be infringing copies of works or of any other subject-matter of copyright.
38(1) of the Act requires that there be infringing copies of works or of any other subject matter of copyright.
If the canvas-backed reproductions constitute infringing copies of the respondent's works, the respondent is entitled to revendicate them under s.
If we conclude that the canvas-backed reproductions are infringing copies, the respondent is deemed to be the owner of the items under s.
This means that the right to recover possession of infringing copies is given to the owner of the copyright and not to the author himself or herself.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com