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Learning Team Weekly Reflection

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Learning Team Weekly Reflection
Eric Gibbs, Maximino Valdez, Aisha Savage, John Palmer
Law/421
Monday, February 03, 2014
Terry Coniglio
Learning Team Weekly Reflection Black’s Law Dictionary defines a copyright as “the right of literary property as recognized and sanctioned by positive law.” Melvin (2011). The development of the web and other internet technologies will continue to increase the number of copyright issues. The copyright act was developed in 1976 and it grants exclusive rights to the holder that protects their original work Melvin (2011). With these rights, the holder has exclusive rights and they are: reproduction, derivative works, distribution, performance, display, audio, and transmission. There are three theories to copyright infringement and they are: direct infringement, indirect infringement, and vicarious infringement. Direct infringement occurs when the copyright owner can prove legal ownership of the work in question and that the infringer copied the work without permission Melvin (2011). According to Melvin (2011) indirect infringement involves three parties, the copyright owner, the direct infringer, and the facilitator of the infringement. It states that the indirect infringement is the one that holds the facilitator liable for damages, so before pursuing the theory indirect infringement the copyright owner must identify the direct infringer. Vicarious infringement, is similar to the indirect infringement theory in that they both involve third parties not involved in actual direct infringement Melvin (2011). There are ways to avoid copyright infringement here are some: understanding the scope of copyright law, do not take anything from the internet almost everything from the web is copyrighted, be creative and aware always ask is this a creative work on my part. Following these ways will be a big help of avoiding copyright

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