What is defined as secondary infringement?

Secondary infringement refers to a situation where a party is held liable for infringing on someone else's copyright, even though that party may not have directly engaged in the infringement themselves. This often includes actions where the infringing work is sold or possessed, thereby contributing indirectly to the primary infringement of the original copyright holder's work.

Possessing or selling an infringing work is considered secondary infringement because the act of distribution or possession can facilitate or promote the primary infringement committed by another party who created or copied the original work without authorization. The law recognizes that those who knowingly contribute to or benefit from the infringement, either through selling or keeping such works, can also be held responsible.

In contrast, creating a derivative work without permission directly constitutes primary infringement, as it involves the unauthorized transformation of the original work. Unauthorized access to a copyrighted work pertains to the initial interaction with the work rather than its distribution or sale. Publishing a work without proper attribution, while unethical and potentially infringing in nature, typically refers to moral rights violations rather than copyright infringement itself.