Violation of Copyright Privileges

335 words | 2 page(s)

The specific intellectual property law violated in this case entails copyright privileges. Copyrights protect original authorship works and provide the copyright holder with the exclusive rights to copy, display, create, perform, distribute, or modify the work. For work to be covered under the copyrights law, it must be fixed in an expressive medium that is tangible with the copyright existing beginning from the creation of the work (Ginsburg, 2012).

The copyright provides intangible rights to the originator or author of the artistic or literary productions, giving them the exclusive privilege for a limited time-period to make copies for ale and promotion of the work. Whereas the author or originator may sell or grant these rights to another party such as recording companies or publishers, using these rights without the originator’s permission results in copyright violation or infringement. Unlike patents and trademarks that protect application of ideas and protection of a device respectively, copyright protects the expression of one’s ideas based on originality (Ginsburg, 2012).

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The law provides several remedies for the violation of copyright privileges. The first remedy for violation is the injunction, which grants final and temporary orders to restrain or prevent copyright infringement as deemed reasonable. Such injunctions may be served on the enjoined person anywhere in the country, and is enforceable by any court that has jurisdiction on the individual (Cornish, 2015). A second remedy for copyright violation is disposition and impounding of infringing articles, where the court can order that all copies claimed to be used or made in violation of the exclusive rights of the copyright holder be impounded.

In addition, the court may also order that all copies of the work made or used in violation of exclusive rights granted to the owner by copyright law be disposed of or destroyed. Finally, the violation of copyright privileges may also be remedied through profits and damages, in which the copyright violator is liable for statutory damages and actual damages to the copyright owner or additional profits accrued by the violator (Cornish, 2015).

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