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Copyright and the Cyberworld

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Copyright and the CyberWorld
Jenna Ladner
EDU 625
February 6, 2013

Abstract
This essay was written to to serve as a survey of part of copyright law. This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. This essay shares some information on several topics in regards to copyright and technology: plagiarism of text, infringement of copyright when using photocopy machines, duplication of web pages and text on the Internet.
A polite assumption would be that people are not aware that copying is unlawful: it is a violation of copyright laws and the property rights of authors. This document gives a brief sketch of the nature of the rights protected by copyright law.

Copyright Law in the USA
Copyright occurs automatically when both of two conditions are satisfied: the creation of an original work and "fixation of that work in any tangible medium of expression."
The current law in the USA requires neither a notice of copyright nor registration of the work with the U.S. Copyright Office. However, if a work does have a notice, then an infringer can not claim a "defense based on innocent infringement in mitigation of actual or statutory damages". And if a work is registered, then: (1)The registration is prima facie evidence of the validity of the copyright in litigation for copyright infringement. (2)The author may file suit for infringement of the copyright. (3) The author may seek an award of statutory damages between $ 750 and $30,000. If the infringement was "willful", the statutory damages can go as high as $ 150,000. (4) A court may require the infringer to pay all of the attorney's fees of the author. Note that the law does require registration of a work before the infringement, as a condition for both statutory damages and an award of attorney's fees to plaintiff.

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