Copyright Infringement & Web Piracy

Copyright infringement occurs when the unauthorized use of a protected work violates the exclusive rights of the owner. Copyright infringement has become particularly problematic with the introduction of the Internet. Before the Internet, copyright infringement was much easier to catch and enforce. Infringement is now accomplished quickly by reformatting or distributing material instantaneously on the Internet.

Web Pirates

Web Pirates are Internet users that take the work of others without permission and share it online. While piracy does include the misappropriation of written work, online piracy of copyrighted music, television shows, games, software, and movies has become pervasive. Web sites built specifically for file-sharing provide a forum for users to distribute files. Because the Internet is virtually unsupervised, Web piracy has become an easy method to share copyrighted content.

Copyright holders seeking monetary and injunctive relief from infringing users are usually unsuccessful. The most evasive pirates are those based in countries where lax laws regulate copyright. As a result, copyright holders often encounter difficulty in tracking down infringers and enforcing their rights. Obtaining relief from Web pirates in the U.S. is also usually fruitless as most copyright cases generally don't go through.

Internet Service Providers

Copyright holders have instead sued ISPs. The 1998 Digital Millennium Copyright Act (DMCA), however, protects ISPs from monetary liability.

Safe Harbor for ISPs

The DMCA provides ISPs an exemption from liability for copyright infringement when committed by their users. ISPs protected by the act include conventional companies that provide access to the Internet, commercial online services, intranets, educational institutions, and libraries that offer Internet access to patrons.

ISPs can qualify for safe harbor under the following conditions:

• The copyrighted content is placed in the ISPs system by the user
• The ISP is unaware of the infringing material and that infringement has occurred
• The ISP had the ability to control the use of the infringing material and did not receive a direct financial benefit
• The ISP expeditiously removed the infringing material when it received notice

Removal of Infringing Material by ISPs

While monetary damages are unrecoverable from ISPs that qualify for safe harbor, a copyright holder can obtain an injunction against an ISP. A copyright holder may also request that the ISP remove the infringing content. Once the ISP is ascertained, an owner can send a Notice of Claimed Infringement to the company’s designated agent.

The notice must include the following:

• Identification of the copyrighted work
• The Web site the alleged infringed content is located
• The name and contact information for the claimant
• The complaining party must attest to a good faith belief that the use of the material is unauthorized
• The complaining party must state that under the penalty of perjury the notice is authorized by the copyright owner
• The notice must be signed physically or with an electronic signature

If the user responds to the Notice of Claimed Infringement with a Counter-Notification that the removal was a mistake or misidentification, the ISP must replace the removed material. The only avenue to prevent the continued infringement by the user is to file a copyright infringement lawsuit.

• If you have more questions or may need legal assistance regarding a Copyright matter, Consult Your Case for Free with a local experienced Intellectual Property Lawyer.