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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.
Web Hosting - Do It Yourself Administration, Things to Consider The choice of whether or not to try to administer your own web site brings with it a host, pun intended, of issues. For most web site owners, the primary focus is naturally on creating, maintaining and enhancing the site. That often is just part of managing an entire business, for which the web site is just the means to an end. That implies there will be little interest in or time left over for technical administration like database maintenance (tuning, space management, security, bug fixes), establishing and maintaining backups to ensure they're successful and usable, email administration, disk space management, applying operating system fixes for bugs and security, and other tasks. But cost is always a factor in any business. Paying for technical help can burden the budget of a new and struggling business. Consulting fees can range from a few dollars an hour to over $100. On the lower end, the poor skill level and quality of work will make it not worth even that small amount. On the higher end, you can quickly rack up expenses that will bust your business. Permanent employees are usually somewhere in the middle of that range when you add up salary, employment taxes and more. Often, server and/or web site administration can be paid for as part of the web hosting package. That cost is usually lower than independent contracting help, but those staff are usually tasked with maintaining dozens if not hundreds of servers and sites. They can, therefore, give very little individual attention to yours. Often, novice web site owners are intimidated by some of the technical requirements for server or site administration. But, as with anything, a little familiarity can show that the knowledge required is more modest than one might expect. Administration in many cases involves fairly elementary, and frequently repetitive, tasks. These can be learned easily. Using a test site or a free hosting service is a good way to practice and learn without risk or cost, other than time invested. Once that initial hurdle is jumped over, administration can be done quickly and some even find it interesting. It allows the site owner to exercise additional control over the total product, and there's satisfaction in being able to say 'I did that' even if you prefer not to do it forever. That real-life learning experience also allows the site owner to better judge any consultants or staff that are hired. It's much easier to judge if someone is providing you with an accurate assessment of a problem if you've solved it yourself. Any time-estimate they provide to fix it can also be better calculated if you've had to do it yourself. Every web site relies on a variety of factors, usually unseen, in order to continue to function properly. But the fact is that they misbehave from time to time. Deciding whether to tackle those problems yourself depends on your available time and skill set, and what it will require to get things back on track. In other words, it's a standard cost-benefit analysis that everyone has to undertake every day in life. 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. 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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. |