Legal Definitions - copy

In legal contexts, a copy refers to a reproduction, duplicate, or imitation of an original item, document, or creative work. Its specific meaning can vary depending on the area of law:

• In evidence law, a copy is a reproduction of a document or record that is generally treated with the same legal weight as the original. Courts often allow copies to be used as evidence unless there's a serious doubt about the original's authenticity or if using the copy would be unfair.
• In copyright law, "copy" has two primary interpretations:
  • First, it refers to the tangible form in which a creative work (such as a book, song, or film) is embodied, allowing it to be perceived or reproduced.
  • Second, it can refer to an unauthorized reproduction of a copyrighted work that is substantially similar to the original, thereby potentially infringing on the copyright holder's rights.

Here are some examples illustrating the legal use of "copy":

• Example 1 (Evidence Law):

  A small business owner is suing a former partner over a breach of contract. The original signed contract was accidentally shredded, but the owner has a digital scan (PDF) of the fully executed document saved on their computer and backed up to a cloud service.

  Explanation: In this scenario, the PDF is considered a copy of the original contract. Under rules of evidence, this digital copy would likely be admissible in court to prove the terms of the agreement, provided there is no genuine question raised about whether the scanned version accurately reflects the lost original document.

• Example 2 (Copyright Law - Tangible Form):

  A musician composes a new song and records it in a professional studio. The recording is then released on a streaming platform and as a vinyl record.

  Explanation: Both the digital file on the streaming platform and the physical vinyl record are considered copies of the musician's original creative work. They are the tangible forms in which the song is fixed, allowing listeners to perceive the work and enabling its distribution and protection under copyright law.

• Example 3 (Copyright Law - Infringing Reproduction):

  An independent filmmaker releases a unique animated short film online. A few months later, a large animation studio releases a commercial featuring characters, plot elements, and visual styles that are strikingly similar to the independent film, without obtaining any permission or license.

  Explanation: The commercial produced by the large studio would be considered an infringing copy of the independent filmmaker's copyrighted work. Even if it's not an exact duplicate, its substantial similarity and the fact that it was created by imitating the original (rather than independently) would likely constitute copyright infringement.