Principles of Copyright Law – Cases and Materials

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TABLE OF CONTENTS CHAPTER IV.

INFRINGEMENT AND ENFORCEMENT

A. INFRINGEMENT

1. DOING AN UNAUTHORIZED ACT IN RELATION TO THE
   WHOLE COPYRIGHT WORK IS AN INFRINGEMENT


2. INFRINGEMENT IS NOT AVOIDED EVEN IF THE DEFENDANT
   ADDS HIS OWN ORIGINAL WORK TO THE WORK TAKEN


3. INFRINGEMENT OCCURS IF A “SUBSTANTIAL PART” OF THE
   WORK IS TAKEN

• “Substantiality” is judged both quantitatively and qualitatively


• A small part of the copyright work may nevertheless be
  “a substantial part” of it


• Parts taken to save time and labour are likely to be considered
  “substantial”


• Taking only an insubstantial part, however, does not infringe

4. COPYRIGHT PREVENTS UNAUTHORIZED TAKING OF THE
   PLAINTIFF’S WORK: INDEPENDENT CREATION IS NOT
   INFRINGEMENT

• Striking similarities between the plaintiff’s and the defendant’s
  works may, in themselves, be evidence of copying

5. THE REASON FOR, OR EFFECT OF, THE INFRINGEMENT IS
   IRRELEVANT

• Infringement is avoided if the defendant’s acts fall within a
  statutory exception. Acting from good motives and for the public
  benefit are not, in themselves, enough to avoid infringing
  copyright


• Infringement may occur even if the defendant has no intention
  of profit


• Infringement may occur even if the plaintiff is not harmed by, and
  may even have benefited from, the unauthorized act

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