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Criminal Copyright Infringement— 17 U.S.C. § 506 and 18 U.S.C. § 2319 (continuation)

II.A.4. Federal Preemption  In addition to being primarily statutory, copyright law is also primarily a matter of federal law. For most of the history of the United States, state- and common-law copyright protections coexisted with federal copyright laws. See, e.g., Wheaton v. Peters, 33 U.S. 591, 597-98 (1834). But the Copyright Act of 1976 amended Title 17 to preempt state laws that provide rights "equivalent to" rights granted under federal copyright law....[more]

Criminal Copyright Infringement— 17 U.S.C. § 506 and 18 U.S.C. § 2319 (continuation)

Relevance of Civil Cases to Criminal Prosecutions  In applying the criminal copyright statutes, civil precedents are often helpful. The vast majority of copyright case law is civil, rather than criminal, and often civil cases provide the only judicial authority available in criminal prosecutions. See United States v. Wise, 550 F.2d 1180, 1189 n.14 (9th Cir. 1977) (noting "general principle in copyright law of looking to civil authority for guidance in criminal cases");...[more]

Criminal Copyright Infringement— 17 U.S.C. § 506 and 18 U.S.C. § 2319 (continuation)

Legal Basis for Copyright and Related Laws  The Constitution grants Congress the power to regulate copyright: "[t]o Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries," U.S. Const., art. I, § 8, cl. 8. Congress also derives authority to regulate some copyright-related issues from the Commerce Clause, U.S. Const. art. I, § 8, cl. 3. Copyright protection is...[more]

Criminal Copyright Infringement— 17 U.S.C. § 506 and 18 U.S.C. § 2319

Overview  What Copyright Law Protects  Copyright law has two goals: to protect the rights of authors, and, thereby, to foster development of more creative works for the benefit of the public. The Constitution, in granting Congress the power to enact intellectual property laws, describes both these goals and the means to achieve it: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective...[more]

To be imprisoned for plagiarism in Russian Federation is possible, in theory...

According to part 1 of Article 146 of the Criminal Code of Russian Federation plagiarism is criminally punishable provided that an author or any other rights holder has suffered significant damages. Sanctions may be from a fine in amount of “to 200000 rubles” till 6-month arrest. What should be understood under ‘significant damages’ for the purposes of Article 146 of Russian Criminal Code is not defined in law. Taking into consideration that plagiarism may be aimed at making money and that it...[more]

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