Copyright infringement in the context of "Smuggling"

Fan fiction or fanfiction, also known as fan fic, fanfic, fic or FF, is fiction typically written in an amateur capacity by fans as a form of fan labor, unauthorized by, but based on, an existing work of fiction. The author uses copyrighted characters, settings, or other intellectual properties from the original creator(s) as a basis for their writing and can retain the original characters and settings, add their own, or both. Fan fiction ranges in length from a few sentences to novel-length and can be based on fictional and non-fictional media, including novels, movies, comics, television shows, musical groups, cartoons, anime and manga, and video games.

Fan fiction is rarely commissioned or authorized by the original work's creator or publisher or professionally published. It may infringe on the original author's copyright, depending on the jurisdiction and on legal questions, such as whether or not it qualifies as "fair use" (see Legal issues with fan fiction). The attitudes of authors and copyright owners of original works towards fan fiction have ranged from encouragement to indifference or disapproval, and they have occasionally responded with legal action.

Plagiarism is the representation of another person's language, thoughts, ideas, or expressions as one's own original work. Although precise definitions vary depending on the institution, in many countries and cultures plagiarism is considered a violation of academic integrity and journalistic ethics, as well as of social norms around learning, teaching, research, fairness, respect, and responsibility. As such, a person or entity that is determined to have committed plagiarism is often subject to various punishments or sanctions, such as suspension, expulsion from school or work, fines, imprisonment, and other penalties.

Not all cultures and countries hold the same beliefs about personal ownership of language or ideas, and plagiarism is typically not in itself a crime. However, like counterfeiting, fraud can be punished in a court for prejudices caused by copyright infringement, violation of moral rights, or torts. In academia and in industry, it is a serious ethical offense. Plagiarism and copyright infringement functionally overlap, depending on the copyright law protection in force, but they are not equivalent concepts, and although many types of plagiarism may not meet the legal requirements in copyright law as adjudicated by courts, they still constitute the passing-off of another's work as one's own, and thus plagiarism.

A license (American English) or licence (Commonwealth English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).

A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue", because a license usually either permits the licensed party to engage in an illegal activity, and subject to prosecution, without the license (e.g. fishing, driving an automobile, or operating a broadcast radio or television station), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copies of a copyrighted work), which, without the license, the licensed party could be sued, civilly, criminally, or both.

Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the nature of the copyrighted work, the amount used, and the impact on the market of the original work.

The doctrine of "fair use" originated as a judicially created common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied and "stifling the very creativity which [copyright] law is designed to foster." Though originally a common law doctrine, it was enshrined in statutory law when the U.S. Congress passed the Copyright Act of 1976. The U.S. Supreme Court has issued several major decisions clarifying and reaffirming the fair use doctrine since the 1980s, the most recent being in the 2023 decision Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith.

The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.

The DMCA's principal innovation in the field of copyright is the exemption from direct and indirect liability of Internet service providers and other intermediaries. This exemption was adopted by the European Union in the Electronic Commerce Directive 2000. The Information Society Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.

Contributory copyright infringement is a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held liable for copyright infringement even though they did not directly engage in the infringing activity. It is one of the two forms of secondary liability apart from vicarious liability. Contributory infringement is understood to be a form of infringement in which a person is not directly violating a copyright but induces or authorizes another person to directly infringe the copyright.

This doctrine is a development of general tort law and is an extension of the principle in tort law that in addition to the tortfeasor, anyone who contributed to the tort should also be held liable.

"All rights reserved" is a phrase that originated in copyright law as part of copyright notices. It indicates that the copyright holder reserves, or holds for their own use, all the rights provided by copyright law, such as distribution, performance, and creation of derivative works; that is, they have not waived any such right. Copyright law in most countries no longer requires such notices, but the phrase persists. The original understanding of the phrase as relating specifically to copyright may have been supplanted by common usage of the phrase to refer to any legal right, although it is probably understood to refer at least to copyright.

In the past, the phrase was required as a result of the Buenos Aires Convention of 1910 which mandated that some statement of reservation of rights be made in order to secure protection in signatory countries of the convention. It was required to add the phrase as a written notice that all rights granted under existing copyright law (such as the right to publish a work within a specific area) were retained by the copyright holder and that legal action might be taken against infringement.