17.27 Copyright-Service Provider of Network Communications Services Defined is a legal term used to describe a business that provides network communications services such as web hosting, domain registration, e-mail hosting, voice over IP (VoIP), and other related services. These services are typically provided on a subscription basis and the service provider is responsible for ensuring that the customer’s copyright is protected. Different types of 17.27 Copyright-Service Provider of Network Communications Services Defined include web hosting companies, domain registrars, email hosting companies, VoIP providers, and other specialized providers of network communications services.
17.27 Copyright-Service Provider of Network Communications Services Defined
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US-JURY-9THCIR-17-27
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
§ 107) One who is not the owner of the copyright may use the copyrighted work in a reasonable way under the circumstances without the consent of the copyright owner if it would advance the public interest. Such use of a copyrighted work is called a fair use.
A defense based on facts other than those that support the plaintiff's or government's claim. A successful affirmative defense excuses the defendant from civil or criminal liability, wholly or partly, even if all the allegations in the complaint are true.
Self-defense, however, is not an affirmative defense because the burden of proof always stays on the prosecutor in a self-defense claim.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.
At 361 (?To establish infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.?); see also Seven Arts Filmed Entm't Ltd. v. Content Media Corp., 733 F. 3d 1251, 1254 (9th Cir.
The DMCA safe harbor provisions are affirmative defenses to copyright infringement.
The doctrine "allows owners of copies of copyrighted works to resell those copies," including copies lawfully made abroad, by limiting the copyright holder's exclusive distribution right to the first sale.
More info
17.27 Copyright—Affirmative Defense—Service Provider of Network Communications Services Defined (17 U.S.C. § 512(i), (k)). Printer-friendly version.For a definition of a service provider of network communication services, see Instruction 17. Title II of the DMCA amended chapter 5 of the Copyright Act, 17 U.S.C. § 501 et. seq.