Principles of Copyright Law – Cases and Materials

6. TAKING ONLY IDEAS IS NOT INFRINGEMENT


7. A COPYRIGHT OWNER CANNOT SUE FOR INFRINGEMENT
   FOR ACTS TO WHICH HE HAS EXPRESSLY OR IMPLIEDLY
   CONSENTED

EXAMPLE 1: Express consent

EXAMPLE 2: Implied consent

EXAMPLE 3: Widespread practice does not imply that the

copyright owner has consented to the practice

EXAMPLE 4: A licence to person X does not authorize person Y

8. PERSONS OTHER THAN THOSE ACTUALLY DOING THE
   UNAUTHORIZED ACTS MAY ALSO BE LIABLE FOR
   INFRINGEMENT

• Whoever “authorizes” infringement is himself also an infringer


• Knowingly assisting or encouraging infringement may make a
  person liable, in some jurisdictions, as a contributory infringer


• A defendant who profits from an infringement committed under
  his supervision or control may also be an infringer

B. ENFORCEMENT

1. PROVISIONAL MEASURES

• A pretrial injunction may be granted if the plaintiff shows that (i)
  there is a serious issue to be tried, (ii) the plaintiff will be
  irreparably harmed if the defendant is not stopped pending the
  full trial, and (iii) the balance of convenience favours such an order


• A pretrial seizure order may be granted ex parte(i.e., without
  notice to the defendant), where notice would likely result in the
  defendant eliminating evidence

2. INJUNCTION AND DELIVERY UP OF INFRINGING ITEMS

• An injunction and order for delivery up of infringing items may be
  granted, even where the plaintiff would suffer no loss from a
  continuing infringement

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