What is “copyright trolling” and what laws apply to it?
Copyright trolling is a term used to describe the practice of copyright holders aggressively pursuing and filing lawsuit against individuals accused of copyright infringement. The practice of copyright trolling is generally seen as unethical because the copyright holders often file lawsuits before giving the accused individuals a chance to respond or rectify the alleged infringement. The Copyright Act of United States gives copyright holders certain exclusive rights to their works. This includes the right to produce, reproduce, perform, distribute, and display the work in public. Copyright holders may use these rights to protect their works from any unauthorized use. In Pennsylvania, this includes the use of civil courts to enforce copyright laws. State law prohibits individuals from engaging in copyright trolling. In Pennsylvania, the state Supreme Court has ruled that the fair use doctrine should be applied to limit liability for copyright infringement. This means that an individual will not be liable for copyright infringement if the use of the copyrighted material was for a permitted purpose such as criticism, comment, news reporting, teaching, scholarship, or research. The Copyright Act also protects the rights of copyright owners from certain forms of misuse. This includes provisions that require copyright holders to inform potential infringers of their infringing activities before filing a lawsuit and require them to demonstrate a good faith effort to resolve the issue in a reasonable manner. In Pennsylvania, the state Supreme Court has further defined the parameters of copyright trolling. The court held that a copyright holder must demonstrate that the accused infringer had actual knowledge of the infringement before filing a lawsuit, and that they must show a reasonable likelihood of success in court. Such requirements are meant to ensure that copyright holders do not pursue frivolous lawsuits against innocent individuals.
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