GoConqr has a new look! Let us know what you think.

Mind map

Secondary infringement

Emilie Schou Intellectual property law Law second year English

Map content

Secondary infringement

  1. Accessorial infringement

  2. Differences from primary infringement

    • PI => concerned with people who are directly involved in the reproduction, performance etc of CR work >< SI => concerned with people in a commercial context who either deal with infringing copies, facilitate copying etc
    • State of mind of D important in SI
  3. Types of secondary infringement

    • The distribution of infringing copies
      • Ss 22 + 23 CDPA
      • s27(2) CDPA: an article is an infringing copy if its making constituted an infringement of CR in the work in question; for imported copies => 'notional infringement',
    • Providing the means for making infringing copies or performance
      • s24(1) CDPA: a person is liable for infringement where they supply an article that is specifically designed or adapted for making copies of CR work
      • Article must be SPECIFICALLY designed for the copying of a particular work => if someone were to make a template or mould of CR work that is used to create infringing copies
      • s24(2) CDPA: CR in a work is infringed by a person who without licence transmits the work by means of a telecommunication system; does not apply to communications to the public
      • Any person giving permission for a performance in public of CR work is liable for infringement, unless they gave permission on reasonable grounds that the performance would not be infringed
      • s26 CDPA: where someone facilitates public performance
  4. Actual or constructive knowledge

    • D must know or have reason to believe that the activities in question are wrongful
    • Vermaat v Boncrest: deciding whether D has actual or constructive knowledge is decided objectively
    • LA Gear v Hi-Tec Sports: D must be in a position from which he is able to evaluate the information given to them (usually 14 days)
    • Hutchinson Personal Communications v Hook Advertising: info D is given must be sufficiently detailed as to the nature of the work in question; general allegations about infringement will not suffice
    • ZYX Music GmbH v King: it is not enough for the facts to lead a reasonable person to SUSPECT the relevant conclusion
    • Pensher Security Doors v Sunderland City Council: it will enhance C's case is D is supplied with copy of CR work but the circumstances of the case may be such that the reasonable D could have known about the wrongful nature of their activities without ever having seen the CR work

Information

Description
Law second year Intellectual property law (Copyright - infringement) Mind Map on Secondary infringement, created by Emilie Schou on 24/04/2015.
Created by
Emilie Schou
Views
0
Rating

Feedback

What is it about?

What do you think of the new look?

How do you like it?