Copyright Law protects expression of ideas and not
the ideas themselves. It protects creative expression that has been
reduced to a tangible forms. Copyright is one among
the intangible, incorporeal, invisible and abstract proprietary
rights granted by law to the author or originator of a tangible,
corporeal, visible and real object.
The primary object of copyright protection is not to inhibit the
free flow of information and ideas but to promote the public
welfare by the advancement of knowledge with specific intent to
encourage the production and distribution of new works for the
public.
The subject matter of copyright includes Literary works, musical
works, artiste works, cinematographic films, sound recording, and
Broadcast.
Copyright infringement occurs when a person, without the license
of the Copyright owner causes any other to do any of the acts
received to the Copyright under the Act.
These infringements may take place through reproduction,
publication, public performance, adaptation, Commercial
distribution, broadcasting or dealing with the infringing copies of
a work without the consent of the Copyright owner. This means for
Copyright infringement to take place the owner of a copyrighted
work will need to establish that the person, without his or her
consent copied the work or issued copies of his work to the public
or rented or lend it to the public or performed or showed his work
in public or communicated it to the public.
The Copyright laws have room for exceptions, exemptions and
Defences. There are possible legal and equitable defences to
Copyright infringement. These includes:
1. FAIR USE OR FAIR DEALING
Fair Use or Fair Dealing is when the use of the copyrighted work
is fair and not for the purpose of commercial gain even if the use
of the work would be considered infringement. Fair Use is a
statutory defence which allows the use of a copyrighted work for
the purposes such as criticism, comment, news reporting, teaching,
scholarship or research.
2. LACK OF ORIGINALITY
In the context of copyright law, original means that the work
was independently created by the author and that it possesses at
least some minimal degree of creativity. Examples of circumstances
that undermine a claim of originality are the use of common musical
elements or devices, common phrases etc.
3. When there is significant probative evidence that the
infringing work was independently created.
4. When the Copyright owner authorized the use of his work in a
license.
5. When the infringer had no reason to know the work was
protected by Copyright.
6. When the contents of the Original work are in the public
domain, then a claim of copyright is improper.
7. If what was copied was not protectable, such as copying just
the facts from a work and not protected expression.
8. Where the copyrighted work was not properly registered thus
making the court to lacks jurisdiction to hear the case.
9. Where the Copyright has expired or the holder has forfeited
or abandon his or her rights in the work.
10. When too much time has elapsed between the infringing act
and the lawsuit.
11. When the similarities between two works are traceable to a
common source, such as pre-existing musical work or screenplay.
12. Where there is a Misuse of the work by the owner.
13. When the work has been copied for the purposes of
instruction and examination. A qualification on this however, is
that it must not be for commercial purposes and the author must be
given sufficient acknowledgment.
14. Non-profit making Libraries are allowed to make copies to
supply to people for research of private study.
15. Infringement may be exempted on the grounds that it is in
the public interest. Examples of this are where a material may be
injurious to public life, public health and safety or the
administration of justice.
16. Unclean Hands, Acquiescence, Estoppels are equitable
defences to Copyright infringement.
NOTE: Innocent intent is not a good defence
to infringement, it may, however, bear upon the remedies available
against the Defendant. However, the claims of innocent infringement
are cut off if the work contains a notice of copyright.
By: Miracle Akusobi,
Esq.miracleakusobi@gmail.com
Copyright Law protects expression of ideas and not
the ideas themselves. It protects creative expression that has been
reduced to a tangible forms. Copyright is one among the intangible,
incorporeal, invisible and abstract proprietary rights granted by
law to the author or originator of a tangible, corporeal, visible
and real object.
The primary object of copyright protection is not to inhibit the
free flow of information and ideas but to promote the public
welfare by the advancement of knowledge with specific intent to
encourage the production and distribution of new works for the
public.
The subject matter of copyright includes Literary works, musical
works, artiste works, cinematographic films, sound recording, and
Broadcast.
Copyright infringement occurs when a person, without the license
of the Copyright owner causes any other to do any of the acts
received to the Copyright under the Act.
These infringements may take place through reproduction,
publication, public performance, adaptation, Commercial
distribution, broadcasting or dealing with the infringing copies of
a work without the consent of the Copyright owner. This means for
Copyright infringement to take place the owner of a copyrighted
work will need to establish that the person, without his or her
consent copied the work or issued copies of his work to the public
or rented or lend it to the public or performed or showed his work
in public or communicated it to the public.
The Copyright laws have room for exceptions, exemptions and
Defences. There are possible legal and equitable defences to
Copyright infringement. These includes:
1. FAIR USE OR FAIR DEALING
Fair Use or Fair Dealing is when the use of the copyrighted work
is fair and not for the purpose of commercial gain even if the use
of the work would be considered infringement. Fair Use is a
statutory defence which allows the use of a copyrighted work for
the purposes such as criticism, comment, news reporting, teaching,
scholarship or research.
2. LACK OF ORIGINALITY
In the context of copyright law, original means that the work
was independently created by the author and that it possesses at
least some minimal degree of creativity. Examples of circumstances
that undermine a claim of originality are the use of common musical
elements or devices, common phrases etc.
3. When there is significant probative evidence that the
infringing work was independently created.
4. When the Copyright owner authorized the use of his work in a
license.
5. When the infringer had no reason to know the work was
protected by Copyright.
6. When the contents of the Original work are in the public
domain, then a claim of copyright is improper.
7. If what was copied was not protectable, such as copying just
the facts from a work and not protected expression.
8. Where the copyrighted work was not properly registered thus
making the court to lacks jurisdiction to hear the case.
9. Where the Copyright has expired or the holder has forfeited
or abandon his or her rights in the work.
10. When too much time has elapsed between the infringing act
and the lawsuit.
11. When the similarities between two works are traceable to a
common source, such as pre-existing musical work or screenplay.
12. Where there is a Misuse of the work by the owner.
13. When the work has been copied for the purposes of
instruction and examination. A qualification on this however, is
that it must not be for commercial purposes and the author must be
given sufficient acknowledgment.
14. Non-profit making Libraries are allowed to make copies to
supply to people for research of private study.
15. Infringement may be exempted on the grounds that it is in
the public interest. Examples of this are where a material may be
injurious to public life, public health and safety or the
administration of justice.
16. Unclean Hands, Acquiescence, Estoppels are equitable
defences to Copyright infringement.
NOTE: Innocent intent is not a good defence
to infringement, it may, however, bear upon the remedies available
against the Defendant. However, the claims of innocent infringement
are cut off if the work contains a notice of copyright.
By: Miracle Akusobi,
Esq.miracleakusobi@gmail.com
Read more https://nairalaw.com/possible-defences-to-copyright-infringement-miracle-akusobi-esq/