In the American case of Pearson Educ Inc V Ishayev 2013 WL 3948505 (S.D.N.Y.).(hereinafter referred to as the Pearson case) the claimants “ publishers of textbooks and accompanying instructors’ solutions manuals brought an action against alleged infringers alleging that alleged infringers wilfully infringed their copyrights by selling unauthorized copies of their manuals over the Internet.’’ Copyright under intellectual property law offers protection to original works of authorship in literary, dramatic, musical and artistic works. It therefore accords exclusive rights to authors.
In the first part of this essay I shall identify the exclusive rights of authors under the United States Copyright Act (hereinafter referred to as the U.S.C.). I shall then examine the conduct of the defendants in the case under consideration to determine whether any of the exclusive rights of the claimants were infringed and whether the court considered all the rights infringed. Comments will also be made on the findings of the court in its application of the law to the facts and whether this in my view was rightly done or not. To be consider- ered also will be whether the court’s decision helped the cause of copyright protection in favour of authors or emboldened copyright infringers to have a field day.
The second part of this essay will look at the law of copyright infringement in the United Kingdom (U.K.) and how a court in the U.K. would have dealt with the facts of the Pearson case under its laws on copyright infringement. This will be done by considering what the actions of the defendants where and whether the copyrighted works under the relevant laws in the U.K there were violated. I shall also look at the remedies availab...
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...nal literary, dramatic, musical or artistic works among others. Section 16 (1)of the CDPA contains the exclusive rights of authors being:
(a) the right to copy the work,
(b) issue copies of the work to the public,
(c) to perform, show or play the work in public,
(d) to broadcast the work or include it in a cable programme service
(e) to make an adaptation of the work or to do any of the above in relation to an adaptation.
A copyright infringement takes place under the UK law when without the license of the copyright owner one does or authorizes another to do any of the restricted acts be it to the work as a whole or any substantial part of it either directly or indirectly and it is immaterial whether any intervening acts themselves infringe copyright.
COMMENT ON WHETHER THE COURT ACTED RIGHTLY BY ITS DECISION AND WHETHER THIS AIDS AUTHORS RIGHTS OR NOT.
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