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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.
Music Copyright Law Are You Violating Music Copyright Law? With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind ? lyrics, composition and the recording of the music by an artist. Using someone?s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music. Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more. Many artists and studios are upset with the decline in music sales. They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet. The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law. Many people violate music copyright law and do not even understand how their actions are criminal. If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law. This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law. It is so much easier to go out and pay 20 bucks for a CD. Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way! Quest of Becoming a Writer (becoming a writer) Finding ones? true calling is one of the hardest things in life. There are some people who believe that they are meant to sing, or dance, or even write. Like all things, becoming a writer is a process and there are many hurdles and even steps, potential writers must take in their quest of making their writing dream come true. It has been said that the art of writing is exploration of you, your own thoughts, your own motivations, and your own goals. However, there is much more to being a writer that just learning to be a good writer. Potential writers must realize that a career writer is one that recognizes writing as a profession and craft that can be turned into a career. The first step to becoming a writer is the most obvious, which is writing. If one is going to make writing their career then they must write first. There are many who believe that writers have no excuse not to write. A writer who does not want to write may be classified as someone who doesn?t want to be a writer. However, there are many people who don?t have the time to write, and in some cases it is best for potential writers to get jobs that make use of their writing skills. Most writers believe that to become a writer you must work as a fiction writer, but there are many jobs that offer the experience needed to become a professional writer. Although the creative process may not be the same as writing fiction, by acquiring a job that uses their writing skills, potential writers will be able to write more creatively and efficiently as fiction writers. Nonfiction writing jobs include, journalism, becoming a technical writer, becoming a technical editing, science writing, marketing communications, sales writing, resume writing, freelancing, and many more. There are many writers who don?t believe that they have to write or obtain a job in writing to become a great writer, but writing is the key to becoming a writer. Another key step for potential writers is to use logic to create the vision, and to achieve the desired goal. Before writing, it is important to think about what you want to write, instead of thinking of what can be gain from writing. It is typical for many writers to site personal gain as their reason for writing, instead of financial gain. There are some who believe that you can?t put a price on pursuing a dream. Becoming a writer also requires working long, and odd hours. A creative idea may strike at any moment, and it is advisable for writers to write and to expand their ideas, no matter what time of day it may be. Potential professional writers should also become comfortable with their place as a writer, and comfortable with their own creative process. If you are going to write, it is best to find a process that works best for you, and to use that process in all of your endeavors as a writer. Writers who have a steady process and who strive to become better and to write more will eventually achieve the success they want. Potential writers should also know that writers? block is not real, and many times writers cannot write, because they are lacking something and may need to fill a need in order to return to their comfortable place of writing. Becoming a writer is not easy and many writers may run away when they see all the hard work that is required. However, there are many who pursue their dreams and who become the writers they always wanted to be. So, while it may be easy to run away, it is always more rewarding to face a challenge and come out on the other end as the victor, and for many that means becoming a writer. |