Topic > Summary of Internet Law - 1508

Introduction. In the American case of Pearson Educ Inc V Ishayev 2013 WL 3948505 (SDNY). (hereinafter referred to as the Pearson case) the plaintiffs “publishers of textbooks and companion solutions for textbook instructors have brought an action against the alleged infringers alleging that the alleged infringers have intentionally infringed their copyrights by selling unauthorized copies of their manuals on the Internet.'' Copyright under intellectual property law provides protection to original works of authorship in literary, dramatic, musical, and artistic works. It therefore grants exclusive rights to the authors. In the first part of this essay I will identify the exclusive rights of authors under the United States Copyright Act (hereinafter referred to as USC). I will then examine the conduct of the defendants in the present case to determine whether any of the plaintiffs' exclusive rights were violated and whether the court found all rights to be violated. Comments will also be made on the Court's findings in applying the law to the facts and whether or not this, in my opinion, was done correctly. It will also be considered whether the court's decision helped the cause of copyright protection for authors or encouraged copyright infringers to have fun. The second part of this essay will look at copyright infringement law in the UK. (UK) and how a UK court would deal with the facts of the Pearson case under its copyright infringement laws. This will be done by considering which actions of the defendants have been infringed and whether works protected by copyright under the relevant laws in the UK have been infringed. I will also look at the remedies available… in the middle of the paper… literary, dramatic, musical or artistic works, among others. Article 16 (1) of the CDPA provides for the exclusive rights of authors: (a) the right to copy the work, (b) release copies of the work to the public, (c) perform, display or reproduce the work in public, (d) broadcast the work or include it in a cable programming service (e) make an adaptation of the work or do any of the foregoing in connection with an adaptation. Infringement of copyright occurs under UK law when without the license of the copyright owner one does or authorizes another to do any of the restricted acts, whether the work as a whole or a substantial part of it, directly or indirectly, and it is irrelevant whether any intervening acts themselves infringe copyright. COMMENT ON WHETHER THE COURT ACTED CORRECTLY WITH ITS DECISION AND WHETHER THIS HELPS COPYRIGHTS OR NOT.