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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. The Definition of Writing Styles Depends on Who is Defining Them (writing styles) While researching this topic, you may have found many different answers to what are the different types of writing styles. No two answers were the same. They range anywhere from your personal way of writing that is your writing style to formal and informal. Many people feel the best answer to what writing styles are the those will be outlined below in this article. You can decide for yourself if this definition suits your. The term creative writing covers a range of writing areas. Poetry, fiction books, short stories, and screenplays are considered creative writings. Any writing in which is not strictly non-fiction would be classified as such. Journalism and news reporting are forms of Expository writing. The purpose is to focus on one topic and inform the reader by provided the facts. These writings can be seen in the forms of travel brochures, professional journal, business reports, and new paper articles. Descriptive writing is what gives you the mental pictures of what we have read. It uses a lot of adjective and adverbs to describe things. When descriptive writing is very good you can close your eyes and know exactly what the author is saying. The kind that makes you taste what the characters and see what they are seeing. Analytical Writing is a writing that focuses on a topic and then verifies the purpose of it. It is often taught school age children through out the years because it is something they will use in their life. Book reports, conference papers, thesis, essays, and dissertations are all academic writing. It is created using a third person point of view and deductive reasoning supported by facts. Its purpose is to show a clear understanding of a subject by presenting information. Technical Writing is used in owner manuals, how to guides, magazine articles, and design specs just to name a few. Its purpose is to take complicated technical information and turn it into something the intended audience can understand. Technical writing usually deals with electronics of all sorts, chemistry, robotics, and finance. Any kind of writing that has to do with business matters is considered business writing. It is concise and to the point. Your intended audience wants to know what happen and why, but with minimal detail in between. An active voice is necessary in business writing. It keeps people focused and shows that you are in control of situations. Correspondence is the writing of memos, letters, or emails between people. It is a message that is sent between two people or groups of people. To provide facts and statistic and having the ability to influence your readers with your words is persuasive writing. This is used for products ads, political campaigns, or any kind of promotion. It is not necessary to prove why something is else is wrong or bad you just need to prove why your promoting is better. Narrative writing is use to tell a story or list of events that have already happen, might have happened, or could happen in the future. These writings may include novels, poetry, short stories, or a number of other things. A lot of times many of these styles are meshed together in our writing. Business writing and technical writings are often one in the same as are academic writing and analytical writing. With the overlapping of the styles it hard to define one writing style from another, you can guess it is all a matter of the point of view you are looking at it from and your opinion. |