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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.
Copyright Infringement Lawsuit Who are in Copyright Infringement Lawsuits? A copyright infringement lawsuit can be brought down for any number of reasons: someone using a song in a podcast or radio program, a writer ?borrowing? information from another work, the copying of video or mp3 off the internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they?re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone ?sampling? a song to make another, or maybe a person reselling mp3s online. When you understand the implications of it, copyright infringement lawsuits aren?t frivolous as some people may make it seem. For the most part, the average person?s familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty email. The use of works that are used in major record albums my major recording stars like Britney Spears or 50 Cent, people will begin copyright infringement lawsuits for songs that bear resemblance to another song. Usually these suits will be lost because it?s rather hard to prove inspiration, but they are rather costly and draining, especially if there isn?t a large backing legal team. Copyright infringement lawsuits for large enterprises can be rather costly and time consuming as well. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. Universal Music Group, who is claiming that MySpace is knowingly committing copyright infringement by allowing it?s users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn?t come to an agreement ? then they filed suit. Universal Music Group has an agreement in place with YouTube, where YouTube agrees to follow Universal?s rules. It?s worked out well thus far, and I think with an agreement in place ?user created content? will retain a destination on the internet. This is a testament we all need to be with social networking sites and ?user created content.? We need to watch ourselves, because many times we may not realize the veracity of our actions. Sometimes, people break copyright laws on purpose. There is a huge market in the dealings of pirated software ? from Windows to Photoshop to The Sims. It?s very easy to share peer-to-peer, and because of that, people can resell ?pirated? for a high price ? all profit. Or they?ll download MP3 and resell them; or eBooks. These people who resell these items get nasty penalties ? with both copyright infringement lawsuits and criminal cases. They?ll pay a hefty fine and go to jail. As you can see, copyright infringement lawsuits can affect any one of us ? from our friends on MySpace to our employer, to the computer geek down the street. It?s very easy to violate copy rights, and you have to watch yourself. The chances are good that you won?t be involved in a major copyright infringement lawsuit, but you still need to ensure you?re following the copyright rules of engagement. Copyright infringement lawsuits are important in determining what is, and isn?t, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding fair use, internet use, and the Electronic Frontier Foundation and CreativeCommons.com has been formed. The lawsuits help us to understand what is, and what isn?t fair ? and these organizations have helped the masses to understand what?s so important about copyright, and why we need to defend our freedom of speech.
Communication Key to a Better Work Environment Everyone knows the story of A Christmas Carole. On Christmas Eve, poor Bob Cratchit, who is working late again, spends his day working up the courage to ask his boss, Mr. Scrooge, if he can have Christmas Day off from work to spend with his family. When he finally does get up the nerve to ask, Mr. Scrooge lets forth a tirade over lazy people using Christmas as an excuse to have a day a off from work. This fictional story unfortunately rings true for a lot of people who have to work up the courage to ask for things from their employers. An employee who has to feel about their employer the way Bob Cratchit felt about Mr. Scrooge is not a very happy and productive employee. To get the most of out of your workers, you have to create a much more hospitable working environment. To create a better working environment, keeping the lines of communication open is absolutely crucial. How does communication work in your office? Do you get the impression that everyone is walking around on eggshells around you? While this kind of fear from your employees may be good for your ego in some senses, it is really bad for your business. When your employees don?t feel like they can talk to you, you will lose control over what is going on with your business. You may be the boss, but your employees are the ones who are actually on the front lines. To know what is really going on out there, you need your employees to communicate honestly with you. If they feel that you are unapproachable, they will hide problems and concerns from you, and you won?t be able to act to fix them. You can?t expect to run your business with half of the information about what is actually going on, and so your business will suffer for your ?mean boss? routine. There are still other problems with creating an office environment in which your employees feel like you are unapproachable. In general, there will be a dark cloud over the office when you are around. The stress will keep employee morale low, and employees with low morale are employees with low productivity. Besides, who wants to work hard for someone they cannot approach or who doesn?t show they any respect? Shutting down those lines of communication will definitely affect your bottom line as employees ?phone it in? because they don?t feel invested in making your business a success. If you want a better working environment, you have to improve the lines of communication. If there has been a communication breakdown in the past, take the time to address it with your staff. If you staff is small, talk to them each one on one, letting them know that your door is always open and that you want more regular communication with them. If you have a larger staff, schedule a meeting to address the issue. Weekly office meetings are a great way to keep communication channels open and swap ideas in the office environment. If weekly meetings are not feasible, find some way of touching base with your staff on a regular basis, either through weekly emails or a weekly newsletter. Also, you should encourage your staff to communicate with each other. Sharing information among the staff is a great way to generate fresh ideas and fresh approaches to problems. If your office is suffering from a communication problem, make nipping it in the bud a priority. The pay off will be more productive workers and a whole lot less stress. Who knew work could actually be a pleasant place to be?
Sync your Technology with Free Organizers Found on the Net Are you looking to simplify your online presence? Do you want an easy way to keep social and business contacts organized accordingly? Do you wish you had an easy way to keep track of your different online passwords, your favorite websites and manage your life away for the computer? There are now many options for those seeking to sync their technology with their Internet life. Here are some fast and easy resources that allow you to sync your technology with your online presence. Many of these organizers make it possible for you to keep track of your web activity with your life away from the computer. Here is a quick run-down of just some of the free organizers and resources that are available on the net that can help make your life easier. Using Planner.Excite.com to Organize Your Technology There are so many organization tools these days?personal digital assistants, outlook email, smart phones, mp3 players and several others coming out every season. Many of us use several different disparate electronic planners to organize work, school, business and home. Work email, calendars and planners often overlap with personal business, school and home calendars. Wouldn't it be nice to have all of your meetings, dates, appointments and contact numbers organized in a single area? This is where Planner.Excite.com comes in. This service allows you to sync all the information on your palm pilot, pda, outlook and smart phone so that you don't have to enter the same information more than once. Moreover, it allows you to sync different schedules?work, home, business, family and school?into one master schedule that is easy to follow. Other organizational tools include email and pager reminders so that you never miss another event, date or appointment again. Organize Your Online Discussions with Delphi Do you like to hold web-based discussions or send messages for business or social purposes? If so, delphi.com is an advanced web-based messaging service that allows you easy access to threaded discussions. You can choose to keep your threaded discussions public, or protect them with a password. It's up to you. This is a great and secure way to organize your online conversations and discussions. For Easy Event Planning, Choose Evite.com Are you looking for an easy way to use the World Wide Web to organize your events? If so, turn to Evite.com, the place for electronic events and event planning. Evite.com is an easy and free service that allows you to organize all kinds of events, from baby and wedding showers to surprise birthday parties. This is an easy way to keep in touch with all your online friends and family. It is simple to use?simply create your own attractive electronic invitation and email it to everyone on your invite list. The site allows you to create and personalize your own electronic invitations using their templates. Palm.net Allows You to Sync Your Whole Life Ever wish your personal digital assistant allowed you to sync up your whole life? Palm.net allows you to do just this. This online organizer works with your handheld organizer in order to help you organize and schedule your whole life, including what's playing on television, your local movie theater, local sporting events and other activities. Organize Your Files with Visto.com What is Visto.com? This website is a calendar and task manager that allows you to organize all of your disparate files. This is a great way to organize files, especially if you work from different computers or simply need a new and easy way to store files. Choose from online file storage and organize and sync your work and home Visto files.