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Mapa mental

Secondary infringement

Emilie Schou Intellectual property law Law second year Inglês

Conteúdo do mapa

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

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Law second year Intellectual property law (Copyright - infringement) Mapa Mental sobre Secondary infringement, criado por Emilie Schou em 24-04-2015.
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Emilie Schou
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