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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.
What is copyright infringement What Is Copyright Infringement? The Layperson's Copyright Primer Copyright laws are constantly changing, and knowing exactly what copyright infringement is, whether you?re creating an eBook, publishing articles, using music as a backtrack to your podcast - or what have you - is essential to selling your online media. Although the laws change from one jurisdiction to another, knowing the basic rules of copyright infringement will ensure you?re following the proper rules of engagement when it comes to creating your works. Before you make any final decisions regarding the use of a work that has been copyrighted, please contact a copyright attorney to ensure you?re following the law ? this will keep you from being sued or, even worse, punished in a court of law. What is Copyright Infringement? Copyright infringement, as defined by Wikipedia.org, states: ?Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.? So, what is copyright infringement in plain English? It means that if you?re not allowed to use something, then don?t use it ? plain and simple. It can be very simple to get permission to use a work ? many times you?ll be able to use a ?sample? of music or excerpt of written work for a nominal fee, or small attribution. However, if you do not have the permission of the copyright holder ? whether it?s an author or a publishing house ? you can be sued for copyright infringement or worse. What is Copyright Infringement in America? In many jurisdictions, such as the United States of America, this act is known as a strict liability crime or tort (a tort is a civil wrong ? not a criminal wrong). This means that the person who infringes the copyright - whether intentionally or not - will be responsible for the damage or loss. Also, the prosecutor (in criminal court) or plaintiff (in civil court) must only prove that the act of copying was committed by the defendant ? they do not need to prove guilty intent. This means, even if you had no intention of committing copyright fraud or infringement, you can (and in present times, in many cases, WILL) be prosecuted, even if you used the material in good faith. What is Copyright Infringement in action? Many cases of copyright infringement are difficult to see to the layperson, because the violation is not limited to exact copying. In many cases, when something is inspired by another thing ? such as in music, when the inspiration of one song is used to create an entirely different song ? it?s difficult to see where the new product or ?thing? has crossed the line to something illegal. Some works aren?t even protected by copyright, such as compilation of facts that lack the creativity necessary to be covered by copyright, or works that are in the public domain because the copyright has expired. Knowing the difference is often very difficult to see, and because of this we?ve seen a number of copyright infringement cases in recent years, especially in tandem with the music industry. As you can see, copyright infringement is a very difficult, albeit necessary, act to define. However, if you make sure that you?re using works that are in the public domain, or have long since been out of copyright (think Beethoven or Frankenstein) you?ll be safe. Do you fair research, and if you have any questions contact a copyright lawyer and ask ?what is copyright infringement? to learn the most up-to-date information for your jurisdiction.
The Makings of a Magazine: Do They Include You? (writing magazine articles) Magazines are everywhere. They are published on nearly every subject you can imagine, in duplicate and triplicate and more. All that a start-up magazine needs is a niche and an audience. While there may be hundreds of cooking magazines out there, a new one could come up if it should cover cooking for your pets. In fact, there may already be such a magazine in existence. The niche is cooking for pets. The audience is those people who want the healthiest foods for their pets and are willing to put the time and effort into making it for them. If you are interested in writing magazine articles, you?ll be sure to find one that is perfectly suited to your interests and abilities as a writer. Because there are so many magazines, it won?t be difficult to find one that you will enjoy becoming a part of. What You Should Know Magazines survive on advertising. The advertisers pay because the content is good enough that readers will invest in the glossy covers again and again. The best way to find a healthy magazine is to look through the racks for thick publications. They will only be full of content if they are full of advertisements. The big magazines can afford to pay their writers more, but they can also afford to pay only the best writers. Even though there is quite a lot of space to fill with content, you may have a hard time getting published in major magazines at first. Smaller magazines do not have quite the readership and so they also do not have quite the advertisement content. The space will be limited and the pay will be lower, but these magazines will be more open to new writing talent nonetheless. The More You Know, the Better When it comes to a writing career, the more you know the better off you will be. It is not hard to figure out that you will have the best chances for publication if you can write on a variety of topics. You should not limit yourself to a small area of expertise. Work to become an expert in every topic you come across. There is no possible way of course to be an expert in every area of human knowledge, but it will help you in writing magazine articles to learn every new piece of information that you can. For example, if you were to send a query to a health and fitness magazine about writing a short piece about general mountain biking tips they may accept it. They may also then request additional information about the pros and cons of using a road bike on mountain trails. If you only know about mountain bikes, you?ll be stuck. If you have worked on broadening your horizons though, you?ll be able to produce the work that the magazine editor requires. Getting On Staff Querying magazines is a way to get published, but if you need a more stable job, you may be interested in getting on staff with a magazine. Writing magazine articles is a talent. If you can consistently bring an editor what he is looking for, you might have a chance. To improve your chances, in addition to writing effectively, it will help to have some significant education behind you. If you are serious about making it to the masthead of your favorite magazine, it?s time to go to school. A degree will help your credibility as a writer and will help you open doors into the magazine publication world. Writing magazine articles takes a special kind of writer. You have to have a feel for what people are interested in reading about. The magazine content will help you understand how to write for a particular magazine and audience. You can also improve your chances of writing accepted articles by improving your knowledge base. Don?t be picky about what you?re willing to learn and you could go very far in the writing business.