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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 music expiration For Many Copyright Music Expiration is a Luxury for Worry If you copyright music, expiration isn't something you have to worry about, at least not in your lifetime. The music that you've written is copyrighted the moment you've put it onto paper or recorded it being played. The reason you don't have to worry about expiration is because the music is protected until 70 years after the death of the author. In the case of your music, that author would be you. This rule about copyright music expiration was first put into place so that the families and heirs of an author could still earn royalties even after his or her death. Ultimately this means that if you've taken the steps to copyright your music and have registered the copyright then your music will be protected throughout your lifetime until 70 years after you or the last surviving author (assuming a collaboration) are no longer living. Copyright music expiration is not something you should make a primary concern unless you are having issues of someone respecting and/or honoring your copyright at the moment. You should take comfort in the fact that as long as you are alive you are the only one who can assign your copyright to another person and as long as you haven't given up your ownership of the music it still belongs to you. This is different however if your copyrighted music was work made for hire. If that is the case then you cannot have ownership of the music, as it never legally belonged to you no matter what form it was in when it changed hands. Works made for hire have different copyright music expiration than those that were owned by the creator. With works made for hire, the copyrights are in effect for 95 years from the original publication date or for 120 years from the creation of the work whichever of the two is shorter. For most beginning musician?s copyright music expiration date isn't as important as getting that first gig or earning that first dollar as a result of the music he or she writes and/or plays. It's about art for many and about survival for others. The latter are quite often the ones that are taken advantage of. These are the authors who don't protect themselves as they should and end up failing to register their music because the idea of buying food seemed more pertinent to survival at the moment. This is often the case, particularly among street musicians and it's something that was becoming a growing problem immediately after hurricane Katrina devastated New Orleans taking with it many of the homes of starving musicians along with many pieces of music that will never become copyright music, expiration or not, those works are gone forever except in the mind of their creators. who could barely scrape together the money to pay $100 a month for a hovel they shared with 6 or 7 other people in order to keep expenses down and avoid living on the streets. The building not only of homes for those musicians displaced as a result of Katrina's devastation is wonderful but even more than that is the fact that there are organizations that are dedicated to creating a community for these musicians so that maybe many of the struggling artists won't be taken advantage of or have to face the decision to register their music in order to protect and copyright music expiration for their future heirs or to risk loosing their claim over the music they wrote in order to eat or pay the rent or buy groceries.
Writing Tips for all Styles of Writing (writing tips) Most writing tips you will come across are usually geared towards certain writing topics. You can find fiction writing tips, short story tips, and poetry tips among the different ones. These tips are suitable for any style writer. Setting aside a time to write: You have to choose which is best for you. Some writers prefer having a set schedule. They schedule their days as if they are working a 9-5 job. Or some write in the fly and impulsively. Neither way is right or wrong. It is just a matter of choosing the one that fits your lifestyle and writing techniques. Know how to prevent writers block. It often helps keep your mind fresh and writers block at bay when you write about more that one topic at a time. This can keep the creative juices moving and the brain actively thinking about what the next lines are going to be. Writing about topics you know about or have a desire to know about also help the words continue to flow onto your canvas. Writing daily keeps your imagination open and always running. If the words start to become difficult to create, take a break and change the scenery before they are lost. It is easier to add to ideas already in your head than it is to try and start from scratch again. Another great writing tip is to keep a notebook and pen with you at all times. How frustrating it is when you have this fantastic idea but you forget what it is before you can find a pen and paper to write it down. Or you have a dream and wake up thinking that a great story could come of it and then in a flash it is gone. Set daily goals for yourself. Whether you are on a schedule or an impulsive writer setting daily goals will make sure you reach your intended outcome. Daily goals are usually much easier to obtain than weekly goals. If you do not have an education in writing but love to write it will help your career to learn writing basics. Understanding the different writing techniques and styles or basic grammar are imperative parts in a writers career. There are low cost and even free online course that will lead you in the right direction. Another helpful writing tip is to have a proofreader. This can be a family member, a colleague, or a friend. Every writer proofreads there on work over and over but a proofreader will often pick up things that we miss. The writer of a story knows what they want to say; therefore it is to miss an out of place word because you often read what you know it should say instead of what it really says. A proofreader will read the actual words and let you know whether they make sense or need changed. The research you do for an article needs to be accurate and update. A topic with information can be detrimental to your career. It shows lack of responsibility to find correct information. It shows apathetic writing abilities and reflects poorly on your character. The most important tip that you should know is to know what you are trying to achieve with your writing and knowing what its purpose it. By knowing this you will be able to keep focus on the point of your writing. Whether you are writing a story and try to keep reader enthralled with your characters or a late breaking news article by remember the purpose of your story will help you stay focused and on the right track.