On-line copyright issues, recent case law and legislative changes affecting Internet and other on-line publishers
Article Abstract:
Copyright holders have a cause of action for direct infringement when a copy of the work is made, performed, distributed, transmitted or displayed, but in the online context, suits for contributory infringement or vicarious liability against an online service provider are more frequent. A review of related and analogous case law reveals that the online service provider must contribute some labor or equipment to be found liable under a contributory infringement theory. Vicarious liability requires that the defendant have some control over the infringer and must stand to benefit from the infringement.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1997
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On-line copyright issues, recent case law and legislative changes affecting Internet and other on-line publishers
Article Abstract:
The Digital Performance Right in Sound Recordings Act of 1995 and the National Information Infrastructure (NII) Copyright Protection Act of 1995 are limited attempts to address the changes in copyright law necessitated by online and other technology. Open questions exist regarding the application of public performance, display and reproduction laws to online transmission of copyrighted images and sounds. The NII working group's White Paper states that the potential of information technology will not be realized until laws clearly protect the content found online.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1997
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Intellectual property and privacy issues on the Internet
Article Abstract:
Increased use of the Internet, and the World Wide Web in particular, raises a number of intellectual property questions. Web site developers must be aware of copyright issues in using nonoriginal images and text on their sites. Conflicts may exist between domain name registration and trademarks. Trade secrets and other confidential information transmitted on the web may need to be protected through encryption or firewalls. Design patent laws may protect icons on web sites, and utility patents may protect software integrated into a web site.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
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