Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 of the U.S. Copyright Act of 1976 (Copyright Act); or of the author as provided in section 106A(a) of the Copyright Act; or who imports copies or phonorecords into the United States in violation of section 602 of the Copyright Act, is an infringer of the copyright or right of the author, as the case may be. See 17 U.S.C. §501 to 17 U.S.C. §513.
How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances.
How much do I have to change in order to claim copyright in someone else's work?
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.
Somebody infringed my copyright. What can I do?
A party may seek to protect their copyrights against unauthorized use by filing a civil lawsuit in federal district court. If you believe that your copyright has been infringed, consult an attorney. In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.
If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.
Is it legal to download works from peer-to-peer networks and if not, what is the penalty for doing so?
Uploading or downloading works protected by copyright without the authority of the copyright owner is an infringement of the copyright owner's exclusive rights of reproduction and/or distribution. Anyone found to have infringed a copyrighted work may be liable for statutory damages up to $30,000 for each work infringed and, if willful infringement is proven by the copyright owner, that amount may be increased up to $150,000 for each work infringed. In addition, an infringer of a work may also be liable for the attorney's fees incurred by the copyright owner to enforce his or her rights.
Whether or not a particular work is being made available under the authority of the copyright owner is a question of fact. But since any original work of authorship fixed in a tangible medium (including a computer file) is protected by federal copyright law upon creation, in the absence of clear information to the contrary, most works may be assumed to be protected by federal copyright law.
Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, e-books, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.
In South Dakota, as in all states, copyright infringement is governed by federal law, specifically the U.S. Copyright Act (Title 17 of the U.S. Code). Infringement occurs when someone exercises any of the exclusive rights granted to copyright owners under sections 106 through 122 and section 602 without authorization. These rights include the ability to reproduce, distribute, perform, display, or create derivative works from the copyrighted material. Fair use, outlined in section 107, allows for limited use of copyrighted material without permission for certain purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. However, there is no specific threshold for the amount of a work that can be used under fair use, and each case is evaluated individually. It is also important to note that copyright cannot be claimed on someone else's work, regardless of alterations, unless consent is obtained from the original owner. In cases of infringement, the copyright owner may file a civil lawsuit, and willful infringement for profit may lead to a criminal investigation by the U.S. Attorney. Additionally, downloading copyrighted works from peer-to-peer networks without authorization is illegal and can result in statutory damages. To avoid infringement liability, it is advisable to use authorized services for accessing copyrighted material.
