Question
Hi I need citations for a IRAC project Issue: Did Custom Copies, Inc. violate the right of distribution (3) and the right of reproduction (1)
Hi
I need citations for a IRAC project
Issue: Did Custom Copies, Inc. violate the right of distribution (3) and the right of reproduction (1) under 17 U.S. Code 106? Rules: In order to prevail in a lawsuit, Blackwell Publishing, Inc must provide evidence to prove that Custom Copies, Inc. commits the violation under the 17 U.S. Code 106. The owner of copyright under this title has exclusive right to do a to authorize any of the following: 1. To reproduce the copyrighted work in copies or phonorecords......3.To distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease or lending (17 U.S. Code 106) - Copyright Infringement is the use of specific works that is protected by copyright law without permission where usage for such permission is required. Thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display, or perform the protected work (Wikipedia, 2020). Analysis: Notwithstanding the provisions of 17 U.S. Code 106 and 106A section, some situations of the fair use of a copyrighted work are protected. A teacher selects the readings, which obtains the materials from a library, and delivers a syllabus to the copy shop, which is called Custom Copies, Inc. to reproduce the materials for teaching purposes. Pursuant to 17 U.S. Code 107, it allows the "fair use" of copyrighted work such as multiple copies for classroom use for educational purposes, and this is for nonprofit purpose, so the teacher does not commit an infringement of copyright because that teacher does not get any economic benefits from doing that (17 U.S. Code 107). However, Custom Copies, Inc. commits the infringement of copyright for processing the documents copying without permission from Blackwell Publishing, Inc., the publisher. The copyright law prohibits anyone "reproduces the copyrighted work in copies" without the publisher's authorization (17 U.S. Code 106). Though Custom Copies, Inc. reproduces the documents selected and delivered by a teacher for teaching use, it does not mean that they are exempt from asking and receiving permission from the publisher because Custom Copies, Inc. is an independent business entity, and they earn profit for making copies of documents or books. Furthermore, the copyright law also does not allow any activities which involve the manner of distributing copies "of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending" (17 U.S. Code 106). In this case, Custom Copies, Inc. sells course-packs for the college students to make money without any payment of required fees to Blackwell Publishing, Inc., so Custom Copies infringe the copyright law. Custom Copies also commits the unjust enrichment misconducts for selling course-packs business at the loss of the publisher as well as all the authors who contribute to create these useful materials.
Cite all the rules that apply in the IRAC
example: +17 U.S. Code 106 - Exclusive rights in copyrighted works, Cornell law school).
Wikipedia -https://en.wikipedia.org/wiki/Copyright_infringement
Legal Information Institute -https://www.law.cornell.edu/uscode/text/17/106
and
https://www.law.cornell.edu/uscode/text/17/107
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