Legal Updates

The mere offer or option to sell a counterfeit copy of a work infringes copyright and does not require actual sale

September 20, 2018
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A police search revealed a warehouse containing 131 forged copies of five textbooks in Arabic. The company that produces the books claimed copyright infringement.

 

The Court held that copyright infringement could be direct or indirect. Indirect infringement involves the existence of an infringing copy of the work, performing an action that only the copyright owner has the right to do and knowing at the time of the act that it is an infringing copy. The case dealt with counterfeit books, and therefore the company's copyright was infringed indirectly, even if they were not sold, since the mere offering of an infringing copy is a violation of copyright and there is no need to actually sell the infringing copy. For this reason, it is also irrelevant that two of the five books are no longer in the curriculum. With regard to the compensation, it was determined that when the copyright of several separate works is infringed at the same time, it would be incorrect to regard this as "one tract of deeds" since each work has an independent economic universe and value. In each work, various resources were invested, which constitute work worthy of separate legal protection.