Legal Updates

Copyright infringement exists from the existence of illegal copies and one need no execute a transaction therein

November 9, 2017

A bookstore held illegal copies of textbooks, but contended that it did not sell them.

The Court held that the existence of illegal copies is sufficient to determine a copyright infringement and to place responsibility both on the store and on its manager. Copyright infringement exists when the tortfeasor knew or should have known about its existence and there is no need to prove the execution of a transaction in the infringing copies.

Where a violation of rights in different works exists and the works have no similarity, the infringement of rights in each of the works will be recognized even if such violations were simultaneously committed.