Documente Academic
Documente Profesional
Documente Cultură
Lemire, P. (2007). Gripe Sites Do Not Constitute Trademark Infrigement. Retreived from:
http://www.coloradoiplaw.com/pdf/resources/Gripe-Sites.pdf
Lockwood, R. & Nixon, C. (2005). Trust the Leaders. (Issue 14/Winter 2005). Retreived from:
http://www.sgrlaw.com/resources/trust_the_leaders/leaders_issues/ttl14/
Chapter 5
2. It is common practice for recipients of email messages to sometimes forward those messages
to others. Does such forwarding constitute copyright infringement? In your answer, be sure to
specify which, if any, of the exclusive rights may have been violated by the act of forwarding
and whether the doctrine of fair use applies. What remedies, if any, might a successful plaintiff
be able to obtain?
While this is a common practice, forwarding emails or portion of emails; I had never
considered that in some situations it could be considered a copyright infringement. In Section
102(a) of the Copyright Act provides that [c]opyright protection subsists, in accordance with
this title, in original works of authorship fixed in any tangible medium of expression, now know
or later developed, from which they can be perceived, reproduced, or otherwise communicated,
either directly or with the aid of a machine or device (Shapiro).
There can be a copyright infringement when forwarding emails, however there is no
damage done when they occur in situations such as: nonprofit classroom education, musical
works, software to include making backup copies, and to create Braille versions (Ferrera).
So long as the media is used for things such as those listed above, there can be no infringement
case. It is when the media is used for other things, personal use, and personal gain. It is
important to give credit for an idea or a concept to the appropriate person. You could relate it to
writing a paper and not providing a list of work cited or references. From what I am seeing it is
the same concept.
When a case of infringement is brought on the owner of the material (plaintiff) has to
prove ownership of the material that is
References:
Ferrera, G. R., Bird, R., Darrow, J. J., Reder, M. E. K., Lichtenstein, S. D., Aresty, J. M., & Klosek, J.
(2011). Cyberlaw, text and cases. (Third ed. ed.). South-Western Pub.
Field, T. (1999). Copyright in E-mail. [JEP] the journal of electronic publishing. Vol. 5 Issue 1. Retreived
from: http://quod.lib.umich.edu/cgi/t/text/text- idx?
c=jep;view=text;rgn=main;idno=3336451.0005.105
Shapiro, N. (2013) Beware That Forward Button What you Should Know About Copyright Laws in the
Electronic Information Age. Retreived from:
http://www.apawood.org/level_b.cfm?
content=pub_ewj_arch_s06_fwd