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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.
Big Time Experience with Small Time Publications (writing newsletter articles) When you start writing, you may have ambitions of getting your name on the front page of newspapers and on feature stories in magazines, but you will soon find out that it takes time to get there. Even the best writers have to make their way through the ranks before making it to headline status. Don’t be discouraged though. Even though you may have been rejected more times than you could have ever imagined, there are still many places that will be accepting. Even if you feel like you’ve exhausted all of your creative power, there are publications that are ready to help you develop even further. The buildup is not leading towards riches or fame, but writing newsletter articles can be a great step in that direction. The first thing that any writer should realize is that there is more to learn. Even knowing all of the grammar and all of the clarity rules will not make you a good writer. Only experience can bring you to that place. Newsletters are a great place to start getting cleaning up your writing and to start learning to write for different audiences. Who Prints Newsletters? Why are newsletters such a great place to start earning publications? There are plenty of organizations and groups that print them. The printing money and the circulation are already in place. The other great thing about writing newsletter articles is that there is almost always a high demand for newsletter writers. The pay is not great and is most often non-existent, but the newsletters must go out all the same. Hit up any organization in town that you know prints a newsletter. Some of the printing is done nationally for the larger organizations, but many will be done locally. Try volunteer and non-profit organizations as well as university and church groups. These organizations will all have news that they need to get to the public. Many of them survive based on public donations. What that means for you is that there is plenty of demand for talented and interesting writers. The Expert in Print If you have any sort of claim to expertise along with your writing skills, you will be a fantastic candidate for writing newsletter articles. One great draw for a reader is the pull of a well researched and authoritative article. Imagine the thrilled group of environmentalists when you approach them with evidence that the developmental process for non-stick pan coating is connected to the decreasing population of Asian tortoises. You’d have a job in no time. Regardless of whether or not you got paid for your work, you can expect that you’d get repeated assignments, growing experience and bylines galore for your next step of job applications. Being knowledgeable about a certain subject will give you many writing opportunities. If you have any experience in a subject area, be sure to add it to your resume. As you write newsletter articles, you’ll only add to you’re your expertise. Other Newsletter Articles If you don’t necessarily believe that you have an area of expertise that is not a problem. There are many other ways to get into writing newsletter articles. A big part of newsletter content is just content. Newsletters need to be made up of interesting and varied articles. There are usually volunteers that head up the projects and they in turn hire various writers to fill in the titles that they choose. If you can be flexible in your writing and if you can find a newsletter that works with a topic you care about, you will be well on your way to building your resume with bylines and great circulation. Writing newsletter articles will probably not be a career in itself because of the low pay scale, but it will take you closer to a lucrative writing career. Think of writing newsletter articles as a type of community service. Even after you have added paying pieces to your repertoire you may continue to write for the newsletters that you care about. 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? |