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Copyright Talk   Part 2

by Chandra Wood 

 

According to the Copyright Act, copyright subsists in all original work of authorship that is fixed in a tangible medium of expression. Originality means that the work was not copied from some-one else and possesses at least a small amount of creativity.

A translation is basically a derivative work. Only the copyright owner can authorize a translation that will be distributed. This includes works that are translated into another language and distributed in parts of the world where that language is spoken. Derivative works are infringing if they are not created with the permission of the copyright holder.

Three levels of infringement:  There are three levels of civil copyright infringement: civil infringers may be “innocent”, “ordinary”, or “willful”. There is a range of penalties which can be imposed on criminal infringers depending on the egregiousness of the offense and in deference to prosecutorial discretion. Innocent infringers are those who are “not aware and had no reason to believe that his or her acts constituted infringement of copyright,” which implies that some degree of negligence or knowledge is required for ordinary civil infringement. Willful infringement, by extension, requires a higher degree of culpability. The degree of knowledge or “willfulness” required for civil liability for copyright infringement is rather low and undefined. No knowledge or intent is strictly necessary for a finding of civil infringement, insofar as it is a strict liability offense. While in certain cases there are indications that willful infringement in a civil suit requires some knowledge that the defendant knew that, “his actions constituted copyright infringement or acted with a reckless disregard for the copyright holder’s rights,” this position is disputed and some Circuits merely require the infringement is “knowing” to warrant an aggravated penalty for the defendant. 

What is interesting is that V does not seem to view the translation and distribution of Illuminatiam: The First Testament of the Illuminati in quite the same light as she does her own intellectual property, An entire team/department was created within her empire of 'member driven initiatives' to engage in the translation & distribution of Illuminatiam's intellectual property.
This 'good deed' has been extended to include the published works of others.

V and I hold somewhat different perspectives on this particular subject. You may have examined the topic yourself  - and have yet another viewpoint to offer (different from what either of us espouse).

That's okay, we're all heading in the same general direction, even though we may sometimes walk a different path to get there.



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Illumination: The First Testament of the Illuminati

 

 

 

 

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