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copyright_infringement [2016/03/05 03:23] – adds 'understanding' include Carlos Pedraza | copyright_infringement [2018/04/01 14:18] (current) – [Axanar's Defense] Carlos Pedraza | ||
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+ | ====== Copyright Infringement ====== | ||
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{{page> | {{page> | ||
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- | ====== Copyright Infringement ====== | ||
Depending what you read, the [[lawsuit]] that [[CBS]] and [[Paramount Pictures]] have brought against [[Axanar Productions]] is either David vs. Goliath, a battle over who gets to control Star Trek, fans trying to express their love for a treasured half-century old legend, soulless corporate greed threatened by plucky creatives or amateurs using intellectual property they don't own to finance their foothold in the film industry. | Depending what you read, the [[lawsuit]] that [[CBS]] and [[Paramount Pictures]] have brought against [[Axanar Productions]] is either David vs. Goliath, a battle over who gets to control Star Trek, fans trying to express their love for a treasured half-century old legend, soulless corporate greed threatened by plucky creatives or amateurs using intellectual property they don't own to finance their foothold in the film industry. | ||
- | At its heart, however, this dispute rests on whether Axanar engaged in **copyright infringement** against the Star Trek works owned by CBS Studios and licensed by Paramount Pictures. | + | At its heart, however, this dispute rests on whether Axanar engaged in **copyright infringement** against the Star Trek works owned by CBS Studios and Paramount Pictures. |
===== What is infringement? | ===== What is infringement? | ||
Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. | Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. | ||
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+ | ==== What Does Copyright Protect? ==== | ||
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The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. | The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. | ||
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=== Fan Films and Infringement === | === Fan Films and Infringement === | ||
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Intellectual property lawyer Mary Ellen Tomazic, in her blog post, "Fan Films – Breaking the Unwritten Rules and Defining Profit," | Intellectual property lawyer Mary Ellen Tomazic, in her blog post, "Fan Films – Breaking the Unwritten Rules and Defining Profit," | ||
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==== Defense ==== | ==== Defense ==== | ||
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+ | //**__« Fair use is tricky; it is literally decided on a case-by-case basis by the courts. »__**// | ||
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A number of limitations and exceptions exist to copyright related to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). The most relevant to the [[lawsuit|Axanar case]] is the concept of fair use. | A number of limitations and exceptions exist to copyright related to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). The most relevant to the [[lawsuit|Axanar case]] is the concept of fair use. | ||
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It should be noted, however, that fair use is tricky; it is literally decided on a case-by-case basis by the courts on the entirety of each set of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, | It should be noted, however, that fair use is tricky; it is literally decided on a case-by-case basis by the courts on the entirety of each set of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, | ||
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===== Axanar' | ===== Axanar' | ||
- | [[Legal defense]] | + | <wrap lo>//See also: [[knowing_infringement|Knowing infringement? |
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+ | According to its second [[motion to dismiss]] the lawsuit, Axanar' | ||
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- | Portions of this article were adapted from the articles **[[wp> | + | Portions of this article were adapted from the articles **[[wp> |
</ | </ | ||
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**Keywords** | **Keywords** | ||
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