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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.
Craigslist a Great Place to Find Free Stuff – While Exercising Caution of Course Craig Newmark of San Francisco founded Craigslist in 1999. Craigslist is a web page that offers anybody to sell or by articles virtually free of charge. Some of the categories such as job ads in some of the major cities have a charge, which is the funding for all the other private, free ads on Craigslist. Currently the web page is available in approximately 450 cities all over the world. IT serves more than nine billion viewers per months and therefore gives the web page a ninth place in the rankings for most frequently used web sites in the United States. The web sites offer over thirty million new postings and classifieds each month. Categories for classifieds and advertisement range from job and housing postings over traditional buy and sell classifieds all the way to community events and personal ads. Since Craigslist offers so many different ads and classifieds each month, it is also a great place to find free stuff. Many people that are about to move or have top give up a hobby due to whatever reason often times offer things for free on this web page. Generally ads and classifieds are divided by categories and then listed on the pages depending on the proximity to a major city. Many major cities in the United States have their own Craigslist. Classifieds that are posted on a city site generally are from somewhere in the proximity of the city. Often time’s sellers expect the buyer to pick up the merchandise. Therefore, it is not unusual to find car ads, fitness equipment, baby clothing and items, furniture and more on the web site. Posting is for most classifieds free and there are also no fees for anything else. In contrast to some other pages, posting a used children’s toy, a piece of furniture or similar as well as anything else is completely free. The seller has the possibility to stay anonymous till shortly before the sale, when the seller decides to hand out his or her telephone number or address for sale purposes only. Of course such classifieds and advertisements can also be cons and need to always be handled carefully. Generally a good judgment of the price and offer helps to prevent from falling for fraudulent classifieds. Even though there are measures from the creators of the website to prevent fraud such as official statements and more, there is no guaranty that a fraudulent add will be taken off in time to prevent any trouble. So whenever buying or selling on Craigslist do it with caution. Craigslist offers classifieds for anything. Community, housing, personals, jobs, for sale, services, gigs and even discussion forums are all part of the web site. On this website anybody can post anything. Therefore it might take some time to find the right ad. It might even be possible that the chosen product cannot be found. Craigslist works like an online yard sale or a flea market. Therefore finding the exact product may be hard. But sometimes getting lucky is all that it takes and then the seeker is united with the product of desire. This web page should be used and supported by anybody and everybody. Whatever there is for sale, it should be put up on Craigslist, so that other people can male good use of a product that might be a good product for someone else for a few more years. Even jobs can be found on Craigslist. In cities such as New York, this web page’s jobs are one of the most important sources for job hunters and therefore are not free of charge for the employers that are posting in some of the bigger cities. Conducting a Self-Evaluation After Getting Fired Sometimes life is hard and when you get fired, it gets even harder. In a country where employee turnover is high and there are no laws to protect you at your work place, potentially anybody is at risk to be fired. In general, that is true, but companies usually only fire a person that has done his or her job improperly, or is not qualified for his or her job any more. Therefore after you get fired, it is time that you conduct a self-evaluation. First of all, you need to make sure you know the reason why you have been fired. Do not just assume, you know why you have been fired. Make sure that your employer tells you the exact reasons why he has fired you. A self-evaluation as to whether the employer is right and whether you might have to work on yourself can only be done after you know why the company has told you to leave. If it was tardiness and absence of work that has gotten you fired, you need to be self critical enough to see that you need to be on time and be at work every day that you are not taking a vacation day. Keeping a job means playing by the rules and these rules do include times that you have to be a t work if you want to keep the job. When your boss told you, that you are not accomplishing your work or you are not qualified for the position, think back and try to find out why he might have said that. Did you deliver your work on time? Was it correct, mostly without any problems and errors? If that is not the case, then perhaps your boss was right and maybe you were not qualified enough to do the job. It might be that you need some more training or some more classes at the university to be able to do your job right. Or maybe you have just chosen a job that is not for you. When you are conducting that self-evaluation, make sure you are not too hypercritical. If it clearly was your fault that you got fired, you need to improve yourself and the personality traits that have led to the firing. Sometimes even though your boss gave you an explanation why you have been fired, you might not agree with the reason you have gotten fired from your company. Yes, sometimes these reasons might not be right. Since this is a society where anybody can get fired, maybe you have been fired because your boss did not like you and he made up some dubious reason for firing you. This is why you have to conduct a self-evaluation to make sure if what you were told is the truth. A self-evaluation might also lead you to the conclusion that you need to choose a different profession than the one you have been in. Maybe it took to get you fired to ser you in the right direction and at some point in your future you might actually thank that boss of yours that he had fired you. Otherwise you might have never found the job that you were destined for and would have been miserable doing the job you were doing. Unhappy employees are not good for a company and some bosses are good enough to realize that. Whatever the reason is that you got fired, make sure you find the reason and check with yourself how much truth lies within that reason and do you have to change to be a better employee and be able to keep your next job. |