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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.
Events of copyright infringement The Events of Copyright Infringement: Innocent People Infringing Accidentally Copyright infringement is in the news a lot lately – it’s hard to miss stories about kids being carted off to jail or seriously fined for downloading music or movies off the internet. I’ve even heard about a lady was fined for tens of thousands of dollars because of the events of copyright infringement – her grandson downloading music, and she couldn’t prove it wasn’t her. The events of copyright infringement are complicated – and not easy to define. Surfing the internet has its advantages and disadvantages, that’s for sure. We’re able to find useful information quickly, but how close are we pertaining to copyright laws? Do we even know what is and is not acceptable? A couple of the more pertinent questions have been asked below: If you hear a great new band, and then download a song from MySpace, is that legal or not? The events of copyright infringement are not only limited by Kazaa, Morpheus, or some other file sharing peer to peer (P2P) service. If you download a song - no matter if you’re on a website or a MySpace page - and it isn’t coming from the artist themselves, you may want to think about downloading it. Chances are, if it’s not coming from them, you can’t have it – unless it is under a Creative Commons License. Creative Commons gives the exact ways in which you can use the license – and many times those are completely free and legal to download – so make sure you check if it’s under a CC License. If I’m writing a paper, or article, and I want to quote another website, can I? First of all, did you know the minute you write or create something, you hold the copyright to it? ESPECIALLY if you’re writing it online – it’s very easy to track things in the internet page. So, if you’re writing a blog, all the things you’ve written (no matter good or bad) are there permanently, thanks to archive.org, and you can review last versions of your web pages. Sometimes, people we can use – rather heavily – someone else’s work in our own, and think we’re small and anonymous. That no one will notice by the time you get it down – you’re just ‘borrowing’ it. Before you begin quoting anyone’s website – from CNN to your local neighborhood hardware store – you need to ask the person who holds the copyright if you can. Usually, they’ll let you if you attribute to them. Depending who you talk to, you’ll either have to pay royalties or license rights to republish. If you don’t ask before you quote, you’re beginning the events of copyright infringement and you are opening yourself up for a lawsuit. As you can see, the events of copyright infringement can begin at any time, beginning with normal ‘everyday’ activities. It’s just as easy to infringe on as it is to be infringed upon. Make sure you check your copyright using CopyScape or some other service, and you can check your work against other works on the internet, and make sure that you’re not infringing someone or vice versa. In this day it’s easy to protect yourself from getting infringed upon, and the events of copyright infringement are easy to track. It’s easy for innocent people to get caught in copyright infringement, like children they didn’t know what they could and couldn’t do. Make sure, in all you do, that you’re striving to do the best you can, and you’ll be certain not to fall victim to your own infringing demons. Software copyright sample Software Copyright Sample Builds Loyal Customer Bases When choosing software copyright sample many before focusing on one or two. It is impossible to try every piece of software that exists in the world of software today. There are so many pieces of software currently on the market and new software being created as I type this. With so many new and different, competing and interesting software programs so widely available you might find something wonderful and unique available at a wonderful price or better yet, for free in the open source arena. Open source software isn't exactly software copyright sample material. This software is occasionally used as a testing ground for unproven versions of software, for software testing, or simply to determine the demand for a particular type of software. Chances are pretty good however; that if you've ever thought, "I wish I could find a program that did (insert whatever here)" someone else has had the same thought and created a program that will do just that. Perhaps the greatest beauty of a software copyright sample is that you get a taste of what the software can do without the expense of purchasing to find out whether it is right for you or your needs. There are actually many ways that companies both for profit and open source companies allow potential customers or converts to sample their products. Linux is a great example of this. They have gone from an open source nuisance to a viable competitor to many larger software companies by providing free software or a software copyright sample to consumers in order to whet their appetites for future offerings designed with profit in mind. What has developed is a viable (and growing) source of competition for Microsoft. Many open source developers are operating very much like Linux and starting out by offering a free software copyright sample to those who will try them out and give them feedback. They use the feedback to make improvements and build better products while making a name for themselves, their customer service, and the quality of the products they build. It's a win-win situation for many consumers and businesses that are just starting out and operating on a shoestring on both the part of those that offer the software copyright sample and those that are benefiting from the sample. Other companies are not as altruistic or are not as willing to wait for the payoffs. Instead of offering a completely free software copyright sample, they will offer you a free trial to their software that will either end at the end of the trial period and require a new subscription or automatically begin charging your credit card. Both of these practices have proven themselves to be highly effective methods of winning not only new customers but also seemingly unshakeable customer loyalty on the part of those that purchase software from these developers or companies. If you do an Internet search for open source software I think you will be astounded at the quality and selection that exists. There are programs that exist to do almost anything. My favorite (I must admit) are the game, but there are also many wonderful programs that can do amazing things like track your golf score, convert currency, help you organize your kitchen more effectively, figure out how much tile you need in a room. Almost anything that needs to be done, there is a piece of software that can do it-open source. The important thing to remember is that you won't find these programs in your local software store but you may find something similar to your copyright software sample that will cost considerably more money than the finished and polished version of the software that you are able to sample free. |