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Copyright infringement case
Learning Copyright Law through Copyright Infringement Cases
Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn’t as easily defined as theft or speeding, there are numerous copyright infringement cases that are changing the way copyright law is viewed in the United States of America. By reviewing a few of these copyright infringement cases, you’ll be able to get a better idea of what is, and is not, acceptable use of copyrighted works.
As a forward, however, you’ll need to know a little bit about copyright law. Most copyright lawsuits are brought to the courts because a copyright owner has found their copyright is being used outside the copyright laws. This usually means that the copyright holder hadn’t been asked for permission to use the work, or if they had, that the work is not being used in an agreed-upon context or they have not been paid royalties. The copyright infringement cases, listed below, give a sampling of what goes to the Supreme Court in copyright infringement.
Feist Publications v. Rural Telephone Service Co (6th Cir. 1996)
This copyright infringement case was brought upon the Supreme Court in 1996 regarding the copyright of a database. The supreme court, in this instance, decided that compilations of data (such as in a database) are only protected by copyright when they are “arranged and selected in an original manner.” Although the level of originality needed to make the database copyright-able is not very high, the pages of a directory such as a phone book are not protect-able because the data contained therein is arranged geographically, then alphabetically. Because of this, the data was not original enough to warrant a copyright infringement charge, and the competing telephone company was allowed to tap into their competitors’ database and use that data in their own work without liability.
Princeton University Press v. Michigan Document Services, Inc (6th Cir 1996)
This case has to do with the ‘fair use’ law, which is defined in the Copyright Act of 1976, 17 U.S.C. § 107. In this case, a photocopying service was sued for copyright infringement for making ‘course packs’ for the University of Michigan. In this case, a course pack was a group of reading materials assigned by a professor – then the course pack was bound together by a professional copy shop.
In the fair use system, there is a system available for payment of copyright fees to publishers whose works are used in course materials, the printing shop owner refused to pay the copyright cost. When it went to the Supreme Court, they analyzed the fair use code and found that it was NOT fair use, and the printing shop had to pay the copyright costs.
As you can see, copyright infringement cases are cases in which someone violates the rights of a copyright owner, as provided by 17 USC §106, or of the author as provided in §106A. These copyright infringement cases can be taken to either criminal or civil court, and can carry with it a hefty fine.
Copyright infringement cases are brought upon people who violate copyrights every day. In recent times, you’ll find many copyright cases in relation to electronic copyrights – such as those you’d find on a website or PDF file, as well as other digital media such as music and audio files.
It’s probable that you’ve seen copyright cases brought against the common person – such as a child or family – for downloading digital music in the form of MP3s. In the current internet age we’re in, it’s not surprising to see so many music and video copyright cases brought to us because of peer to peer file sharing made possible by the internet. You can be certain that until people know the rules of copyright, and downloading copyrighted material from the internet that we’ll see many more copyright cases.
Free Blogging Resources to Save Money and Maximize Net Exposure Blogging is one of the new hot activities on the Internet. What is blogging might cross many peoples mind and to put that mind at ease, here a quick explanation s to what a blog is and what it does. A blog is a part of a web site or a website itself, where most commonly entries are displayed in reverse chronological order. It is a website where either news on certain subjects or personal entries can be made and then displayed and read by others. One important feature of many blogs is for readers to leave comments on the site. Currently there are more than 110 million blogs as per some of the blog tracker engines. Therefore blogs can be used for many different things; one of them might be to save money and to maximize net exposure. Many online web pages offer free web hosting space to people or offer a web blog that can be built into one’s own homepage. Blogs are a great tool to get feedback from friends, customers and anyone who visits the page. Blogs can help with net exposure due to the popularity of some blogs. There are two essential ways a blog can get popular and give one greater exposure. The one is the citation of the blog on certain major homepages visited by many, and the second is through affiliation. Whole blogging communities exist, where people almost chat with each other about certain topics. One can save money by using blogs that are offered for free or by actually boosting one’s own site on some of the popular blogs that allow such content in their text. Some of the blogs are used to post money saving tips on a regular base. These pages will post deals, finds and more in their blog for others to check out. These blogs are created and then added to by many. It is easy to find these blogs using one of the blogospheres. Blogoshperes, blog content search engines can help Internet users to find a blog with a content that they a re looking for. Major financial companies offer blogs for financial tips. This is a way to save money without having to have an own paid financial adviser, but the blog can act like one. Some of these financial blogs also offer help and assistance to people. It is a community of people that have had similar problems and where one can get help if necessary, Of course it is always dangerous to release too much information about oneself on the Internet, but when handled with caution, these blogs can be a great help for personal finances and for saving money. Blogs for saving money offer many categories. Some money saving tips on these blogs is about health care, baby products, student life, buying cars and more. These informative pages can help anyone who takes the time to read them save big bucks or even make money. Help is often given to people with these pages in the form of others that have experienced similar things, experts in the field or just general advice. Blogging is as easy as writing and e-mail and therefore can be done by anyone who has a working PC that is connected to the Internet. Blog generally offer an entry form and an option to read the entry before it is posted. There is also a way to respond to certain post by posting another blog entry. All the entries are generally public and available to anybody and therefore it is important to know that there are consequences and liability when writing blog entries. Even though some are anonymous, many blogs require the posters name. Definition of copyright infringement Protect Yourself: Know the Definition of Copyright Infringement As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work – albeit written, musical, videos, software or some other form – that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium. As I mentioned earlier, a definition of copyright infringement is difficult, at best. Copyright infringement is defined by the jurisdiction – the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city & province) before using something that isn’t in the public domain. For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able include ideas, works that aren’t eligible (150 years-old documents, or older – think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights. As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.” Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works – for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic internet) works and offline works. There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own. The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 - §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations. While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician. |