Egregious or large-scale commercial infringement, especially when it involves counterfeiting, is sometimes prosecuted via the criminal justice system. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.Ĭopyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in civil court. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. The internet is a treasure chest of infringing or “pirated” entertainment media, which viewers from around the world access, copy, and share with relative ease.Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. Data and qualitative reviews suggest infringement is ubiquitous in the streaming and downloading domain. The current approach to copyright enforcement places undue burdens on copyright owners who cannot economically advance claims against millions of individual users. Poorly constructed copyright laws and misguided Court decisions have left rights‐holders with too few remedies against commercial entities involved in the storage, retrieval, transmission, access, and streaming of their works. A five‐year exploratory and observational study were conducted to discover facts about online pirate media, how services function, how companies make money, and how they skirt around laws prohibiting unauthorized commercial exploitation of copyright.
Sites discovered had multimillion‐dollar valuations and annual revenues, mostly derived from third‐party advertisements. The study found numerous deficiencies in copyright legislation and judicial interpretation that enable massive online infringement to continue.
Recommendations include statutory and regulatory amendments, judicial reversals, reconstruction of the law, and development of a binding, compulsory mechanism similar to Internet Corporation for Assigned Names and Numbers’ domain name trademark dispute resolution system. Rozwój technologii informacyjno-komunikacyjnych (ang.
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