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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.
Working Smarter – Planting Seeds to Earn Employee of the Year To be awarded with the employee of the year and maybe even having your own plaque posted on the wall is the highest of rewards for some employees. With all the competition in the workplace, becoming the employee of the year is not an easy task. One of the first steps to becoming employee of the year is to be a good worker. Being a good worker actually includes lots of different strategies. A good worker is always on time and never leaves early without permission. Of great benefit to you as well as to others is to make sure that you have a pleasant attitude and lots of motivation. The lack of motivation in a workplace can slow down productivity immensely and if your boss sees that you are one major motivator in your department, a small seed towards that plaque is already planted. A good worker is also very well organized and works in an efficient manner. Efficiency with high quality results is a great combination to add more seeds to sprout your career and reach your goal of being the employee of the year. In some companies there is an employee awarded every month. The employee of the month gets awarded for his outstanding work and contribution to the company over the course of the month. Sometimes to become the employee of the year, you need to get several or the most of the employee of the month awards. But since you are trying to be the employee of the year, you must already try to be the best employee every month. You should have a chance for one or more of the monthly awards. Becoming employee of the months is one important seed to harvest your crop, the employee of the year award. Often times, it also helps to have a good relationship to your boss. A relationship of mutual respect, somebody your boss can rely on, likes to exchange ideas and just plain small talk with, are all important. Become his ally and best worker, but do not over do it. Sometimes in the effort to become employee of the year, you try too hard to be somebody you are not in order to show off in front of everybody and forget that working in a businesslike or industrial setting also means teamwork. Try to be a leader and show respect for others at your workplace. If you are just trying to take away work and glory from others, you will soon be the person nobody wants to go to. To become the employee of the year, you need to be a resource for others, help with their daily problems and most of all, respect them and recognize their accomplishments. If you are working in the team, everybody needs to feel welcome and feel like he or she is contributing. As you can see, just doing the most work will not get you the employee of the year reward. Accomplishing many other things at the same time is just as important as the amount of work you correctly and timely deliver. That is why the process of getting awarded is more like planting seeds in the field and seeing them sprout. It is not just one action; it takes many different actions to become the employee of the year. Possibly one of the most important facts at the end of the year-- do not expect that it is you that gets the award. Be humble, think of others that did also tremendous amounts of work and tried to be motivated throughout the year. Do not be disappointed if it is not you. Networking Ideas to Land a Job You Want Finding a new job is always a chore, especially if you are looking for your ideal job. While all jobs have pros and cons, finding employment that you enjoy or feel strongly about can greatly improve your job satisfaction. There are many ways to network and find the job you want. One of the biggest ways to make connections is to volunteer or find an internship. If you have not been able to land a permanent position in the career of your choice, apply for internships or offer your services for free. This is an ideal way to get your foot in the door and since the employer will already be familiar with you, it increases your chances of being hired when an opening arises. Meet people in the field you want to be in. If there are conferences or organizations that members who work in your desired field join, see about getting a membership or attending. Networking within your field of choice can build connections that blossom in the future. Take a lesser position at the company you want to work at. If you want to be a manager but are offered a customer service position, take the customer service position. Management roles are less stressful when you know what the company expects from you. Watch and learn the ins and outs of being a manager at that particular company. After you have some experience under your belt, apply for the next opening. Ask around. Most job openings are not posted anywhere. Finding openings is typically more about inquiring than finding posting. If you are eager to be a part of a company, e-mail your resume to the Human Resources department and see what type of hits you get. Stop by local companies and inquire in person and leave a copy of your resume if there are openings. Most employers are using the Internet to find new employees. Even if the position they are hiring for is not posted online, searching through posted portfolios is commonplace. The best way to get noticed is to have a concise portfolio that goes into detail about past work experience and your future career goals. Before you make it to an interview, the employer should already have a good idea about whom you are. Having a web presence is essential to job-hunting these days. Many employers are using e-mail and electronic submissions to screen employees. With that in mind, you need to be Internet savvy. Brush up on Internet skills, learning the tricks and trades of using the web as a way to seek out the best jobs. Purchase a domain and post your portfolio there. Be sure to show versatility, accomplishment and organization in your portfolio. Also if you choose to use social or networking sites represent yourself in a positive light. Be sure to keep your portfolio updated even when you are not actively looking for work. An interested employer could choose to contact you based on your updated portfolio. Be open to relocating. Search through Internet job postings for other states. Leaving your hometown might be difficult but the job of your dreams may be out there somewhere. Pack up and move to a more economically viable area and mingle with the populous. Make your employment intentions known without seeming desperate for a job. No matter what type of job you have been dreaming of, there are numerous ways to get that position. The key to pinning down, and getting the job you desire is to never give up. If you have been on the job hunt for two years without any success, do not give up. |