Keller, a professor of legal studies at Rhodes University, is a diligent instructor. Late one night, while reading a newly published, copyrighted treatise of 1,800 pages written by Gilbert, he came across a three-page section discussing the subject matter he intended to cover in class the next day. Keller considered the treatment to be illuminating and therefore photocopied the three pages and distributed the copies to his class. One of Keller’s students is a second cousin of Gilbert, the author of the treatise, and she showed Gilbert the copies. May Gilbert recover from Keller for copyright infringement? Explain.
Answer Will Be Following Format:
A: answer the question asked
I: Issue: identify the legal issue presented in the problem
LC: State the legal concept involved in the legal issue. Include the elements of the legal concept
D: Short discussion to support the answer with combining the elements of the legal concept with the operative facts in the problem.
Question: Answer the question asked?
Answer: Keller, the Professor has distributed 3 pages of a copyright treatise of 1800 pages, among his students to cover that topic in his class, the author of that Book is Mr. Gilbert. Here the question is that can Mr Gilbert recover from keller for copyright infringment? Whether Keller the Professor while distributing the photo copies of copyright book has infringed the copyright laws while he is at work?
I : Issue: The legal issue is very simple here, whether one person infrings the copyright laws when one circulate few papers among a Book for study circle meeting or in tutorial classes to cover the topic highlighted therein. Legal Issue is Copyright Laws and Infringment thereof & the claim payable if any.
LC. Legal Concept: Legal concept behind Copyright protection is that Proprietary Creations of any Individual , firm or company or organisation must be safeguarded for it copying, reproducing, circulating or otherwise for profits to others. Without permission if any person using that Copyright property for benefits, than conceptually he shall be under civil and criminal liability for infringment of copyrights laws. Here Mr. Keller the Professor has distributed 3 pages of a copyright treatise of 1800 pages, among his students to cover that topic in his class,
Q.:D: Short discussion to support the answer with combining the elements of the legal concept with the operative facts in the problem.
Answer: The facts is very much clear that, Mr Keller the professor has not reproduced or copies the whole book for commercial use thereof. Simply what he has done is photocopy of 3 papers for study purpose only. Nobody has got any benefits from this activities. So there is apparently no infringment of copyright laws.The Copyright Act prevents the unauthorized copying of a work of authorship. However, only the copying of the work is prohibited. Provisions extract is reproduced hereinbelow to explain the concept fully.
§ 506. Criminal offenses
(a) Criminal Infringement. – Any person who infringes a copyright willfully either –
(1) for purposes of commercial advantage or private financial gain, or
(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,
Herein aforesaid cases, its clear that Mr Keller has not copied or reproduced or distributed the whole copyright treatise for Commercial advantage or for private gain, hence there is no infringment of copyirghts laws.
IMP information is that Federal law allows few exceptions for use of a copyright work without owners permission, however for a limited purpose and to a limited extent.
Provisions of FAIR USE covers teaching, for which one can copy few pages from a chapter of a book or complete chapter even if it within permissible limits as per law. Hence Mr keller case is covered within provisions of FAIR USE & FEDERAL LAW exceptions and conlcuding there is no infringment of copyright law in the question.
Keller, a professor of legal studies at Rhodes University, is a diligent instructor. Late one night,...