I have a question regarding copyright infringement

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Latest post Fri, Apr 21 2017 6:58 AM by jv1597. 3 replies.
  • Sun, Apr 16 2017 8:40 PM

    • jv1597
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    Ok [+0+] I have a question regarding copyright infringement

    I'm working on a new media content streaming app.  The app doesn't allow for any uploading, downloading, or recording of media content.

     

    So my question is, is there any concern with respect to piracy, or copyright infringement where there is no distribution of goods/services?

  • Mon, Apr 17 2017 5:57 PM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    I just found out that copyright infringement is pertinent only to violation of the copyright agreement. Copyrights are grants to Licensors for exclusive reproduction, duplication, making, and sublicensing of artistic, literary, musical, or cinematographical works in their entirety.  Works are not copyrighted in parts.  The one part copyrighted would make one work in its entirety. Piracy is only applicable with respect to the unlawful reproduction, and commercial distribution of copyrighted material.
  • Mon, Apr 17 2017 7:21 PM In reply to

    • DOCAR
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    Re: I have a question regarding copyright infringement

    Copyrights exist as a matter of law in any original written work, art, music, etc. Copyright registration, gives more enforceable rights to the copyright holder, and allows them to pursue infringement in federal courts. A copyright infringement  occurs whenever there is an unauthorized use of copyrighted material, in whole or in part. There are some exceptions, that don't appear to apply here.

  • Fri, Apr 21 2017 6:58 AM In reply to

    • jv1597
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    Re: I have a question regarding copyright infringement

    I did some research on what a "work" is considered to be, and found the following:

     

    A bit on what a work is considered to be:

    A work is “created” when it is fixed in a copy or phonorecord for the first time; where a work is prepared over a period of time, the portion of it that has been fixed at any particular time constitutes the work as of that time, and where the work has been prepared in different versions, each version constitutes a separate work.

    A bit on movie media content:

    “Audiovisual works” are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

     

    Or, in more intelligible terms, as is so implicitly inferred:

    An “Audiovisual work” is a work that consists of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the work (as a whole) is embodied.

     

    A bit on reproductive use:

     

    A “derivative work” is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work”.

     

    A bit on what a fixed work is considered to be:

    A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission.

     

    Conclusion:

    So copyright law protects copyrighted works in their entirety (whole copyrighted works), not "in whole, or in part".

     

    A bit on display, and performance of a work:

    To “display” a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially.

    To “perform” a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.

    To perform or display a work “publicly” means—

    (1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

     

    (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

     

    Conclusion:

    To "display a work (in its entirety) means to show a copy of it (the whole work)...

    To “perform” a work (in its entirety) means to recite, render, play, dance, or act it, etc...

    To perform or display a work (in its entirety) “publicly” means—

    So if an audiovisual work is spliced into 10 second clips, to be processed individually, and to be streamed individually (sequentially, or non-sequentially), it shouldn't necessarily constitute copyright infringement, being that the work is no longer a whole work, but a sample of the work, and is therefore not covered under copyright law.


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