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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.
Music Copyright Law Are You Violating Music Copyright Law? With the popularity of the Internet, many people are violating music copyright law and do not even know it. Music copyright law can be very tricky. There are multiple music copyrights that you must keep in mind – lyrics, composition and the recording of the music by an artist. Using someone’s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music. Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more. Many artists and studios are upset with the decline in music sales. They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet. The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law. Many people violate music copyright law and do not even understand how their actions are criminal. If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law. This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law. It is so much easier to go out and pay 20 bucks for a CD. Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way! Ways to Quit your Job Yet Still Maintain Positive Ties Just as there are ways to get jobs, there are also ways to leave jobs--especially one where you have cultivated relationships. Moving on to a new position does not mean that you have to leave on bad terms. Get the job you want without leaving your current job on bad terms. Choosing to leave one job for another one is a decision that is often unavoidable. In order to progress in life, changing jobs may be necessary. Whether it is increased pay, more room for advancement or a better work environment, changing jobs is a natural part of life. While some employees leave jobs because they are unhappy, other employees leave because they simply need or want a new job. These employees may have great working relationships with their employees and co-workers. They may even have good personal relationships with these people. Extenuating circumstances like friendships can make it difficult to move from one job to another. However, this necessary move can be made without destroying ties that are important to you. Being professional and careful when leaving your job can make leaving much easier. First of all, do not tell anyone you are planning one leaving. No matter how close you are to your co-workers, keep your intentions quiet. Arrange interviews during times that do not conflict with your current job. You do not want to miss work for an interview. Remember your current employer is an excellent reference for you. Maintain your good reputation at your current job. Continue to do a good job and care about your particular position. Using the company phones, e-mail or fax machine to contact your new potential employer is not appropriate. Use your own devices to contact the interviewer. Until you have the new job, things should be business as usual on your current job. Also, never give your notice at your current job until you are sure that you have the other job. Having to retract a two-week notice because you prematurely gave it is a sure way to cause friction. Once your new job is secure and you have given your tow week notice, continue to be a good employee. Be on time for work and complete your projects. Remember, no matter what your new job is, you have obligations to your current job. Write out your notice. Compose a nice letter thanking your boss and co-workers and provide two or more weeks notice. By giving a written and dated letter no one will be able to dispute the length of your notice. Also, you will be providing a professional and considerate notice. Allow your co-workers and bosses to say goodbye to you. If they want to take you out for a drink on your last day, oblige them. Enjoy celebrating an end of an era. You may keep in contact afterwards but you probably won’t be working together again. Let them know that you realize this and that you leaving is not personal. Sometimes, no matter what you do, some people are not going to be okay with you leaving a job. There will always be someone who thinks that you getting another job is not a good idea for you. This is especially true for co-workers or bosses who you have a relationship with. Some of that is probably coming for the fact that they will miss you being around the office. Others can be envious of your boldness. It takes a lot to leave a comfy work environment for a challenging job. There is no way to please everyone. In these cases, just remain positive and ignore any backlash you may face. |