| 翻訳と辞書 |
| Criminal Copyright Law in the United States ： ウィキペディア英語版 |
Criminal Copyright Law in the United States
Criminal copyright laws exist to protect the creative property of people in the United States. The unacknowledged use of another’s intellectual property for the purpose of financial gain can break copyright laws and lead to fines and jail time. Criminal copyright laws have been a part of U.S. laws since 1897, which added a misdemeanor penalty for unlawful performances if "willful and for profit". Criminal penalties were greatly expanded in the latter half of the twentieth century, and those found guilty of criminal copyright infringement may now be imprisoned for decades, and fined hundreds of thousands of dollars.
Criminal penalties, in general, require that the offender knew that he or she was committing a crime, while civil copyright infringement is a strict liability offense, and offenders can be "innocent" (of intent to infringe), as well as an "ordinary" infringer or a "willful" infringer.
== History ==
In 1787, the Founding Fathers of the United States wrote the Copyright Clause into the U.S. Constitution, which granted the United States Congress the power, “()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. Constitution, Article I, § 8, Cl. 8.〕 Copyright has the noble goal of promoting progress and protecting authors from unfair competition, and grants a limited monopoly to authors over the production and dissemination of their creative expression to incentivize further creative production. Protection is constitutionally limited in duration and scope to prevent detrimental monopolies on culture.〔Charles Von Simson, Feist or Famine American Database Copyright As an Economic Model for the European Union, 20 Brook. J. Int'l L. 729, 733-35 (1995).〕 The copyright protection written into the Constitution was first enacted in the Copyright Act of 1790, which granted national protection to American authors for 14 years, with one optional 14-year renewal. Copyright remained comparatively limited for around a hundred years, and infringement remained a civil infraction. The Supreme Court has, in the past, interpreted this as establishing that copyright was not a natural law property right, but rather a limited statutory monopoly granted by Congress.〔''Dowling v. United States'', 473 U.S. 207, 216 (1985).〕
The first criminal provision in U.S. copyright law was added in 1897, which established a misdemeanor penalty for “unlawful performances and representations of copyrighted dramatic and musical compositions” if the violation had been “willful and for profit.”〔Act of Jan. 6, 1897, ch. 4, .〕 The length of protection has been increasing since the Copyright Act of 1909, which extended the term of copyright to 28 years with an optional 28-year extension.〔Copyright Act of 1909, , , § 28.〕 At present, copyright protection lasts for the author’s life plus 70 years or, in the case of anonymous works and works-for-hire, for 95 years from the date of publication or 120 from the year of creation, whichever expires first.〔.〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Criminal Copyright Law in the United States」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|