Welcome to www.pricelesswarehome.org
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.
International Software Copyright International Software Agreement is a Matter of National Security Is there one governing law concerning international software copyright? According to agreements by the World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights (TRIP) any software written has an automatic copyright. This is a pretty conclusive consensus as far as an international copyright goes. The short answer would have been yes, but this was so much more informative. An international software copyright should not however be confused with a patent. Copyrights provide creators with the ability to prevent others from directly copying the code involved. A patent can actually limit the use of the software. Because of this, I'm sure you'll understand that patents are a hotly debated topic when it comes to software. The biggest thing to know about international software copyright is that your code is essentially protected the moment you create it. This is, unless you have some kind of contract through your employer that all code created by your belongs to them (these cases have been known to happen and provide excellent incentives for employees to always read the fine print). The problem that many companies are running into when it comes to enforcing international software copyright is that computers are not permanent fixtures in a company. Computers are rather disposable hardware when it comes to keeping up with evolving technologies and software needs to be updated when new computers are purchased. Rather than purchasing new copies of software when the computers are replaced companies are notorious for reusing old copies of the software. They are also famous for replacing 10 computers with the software installed with 40 new computers and installing the 10 copies of the software on all 40 computers. This is not in keeping with international software copyright. This is stealing and you'd be surprised at some of the good upstanding companies that do this on a regular basis. There really are no major differences between traditional policies for American copyright and international software copyright which makes legal issues, troubles, and woes that much easier to deal with. By having a unified international front thee are ramifications and legal actions that can be taken around the world without going through a great deal of international red tape. If you think dealing with the American government is bad, you should see how much fun it is to deal with the American government and another government for a legal action. The agreement between nations for international software copyright is probably one of the soundest possible decisions that can be made as military secrets of all governments have some degree of software in order to keep them operating. While it isn't quite as simplistic as stealing a computer program to unlock the defense secrets of a nation, having access to certain source codes could be problematic in the absolute best-case scenario. Keeping secrets isn't the only thing that makes this agreement so valuable, it is however, one of the most vital. Perhaps one of the greatest things to come about as the result of the international agreement to protect and honor software copyright is the peace of mind that is available to software developers in America and other technologically advanced countries that their source code won't be allowed to be stolen and used against them at a later date by someone in a developing nation with cheap labor and other overhead costs that American corporations simply cannot compete with. This could be devastating to the economies of technological societies if it were allowed to happen and the agreement for an international software copyright prevents that from being allowed to occur.
Important Networking Follow-Ups: How to Get Those Job Leads Calling When you leave a networking event, you may be buzzing at the prospects offered by all of those new contacts you made, but soon, the cold reality sets in. How will you be able to convert those contacts you made over a glass of wine into valuable business opportunities for you? Successful networking is all in the follow-up. If you?re looking for a job, following up is all the more crucial. Without touching base after a networking event, you become just another face in the crowd of job hunting hopefuls. The first important rule for following-up with networking contacts is to lay the foundations for the follow-up during the initial meeting. At networking events, there can be a lot of empty promises thrown around. Use that first meeting to convey the message that you haven?t gotten caught up in ?networking fever? but instead that you are very serious about exploring the job opportunity that you?re discussing with your new contact. Ask the contact when would be a good time to follow-up with them, and then reiterate the information back to them at the end of your conversation: ?I look forward to speaking with you Friday at 2 p.m.? If they don?t give you a specific time, then suggest one to them. This rule holds true even if your contact is giving you a lead on a job not with them but with another contact of their own. Let them know you appreciate the information by saying, ?Thanks. I will plan on calling Mary on Monday afternoon at 1 p.m.? Not only will this convey your seriousness about the opportunity presented to you, but it may also get you some handy inside information, as the contact may reply, ?Oh, no, Mary will be out of town until Thursday ? call her then.? The next important rule to networking follow-ups is to follow up with EVERY lead a contact gives you. If a contact suggests that you call someone whom you know won?t really be able to help you in your job search, call him or her anyway. Otherwise, when your contact finds out you aren?t taking their advice, they may just decide not to give you any more the future and any business person can tell you that you never know from whom the most valuable lead will come some day. Keep the lines of communication open by giving any and all suggestions a whirl. Last but not least, do the actual following-up. Follow up with your contact exactly when you said you would, and in the exact manner you said you would (phone, email, letter, etc). If for some reason you can?t make contact at the arranged time, keep trying. If you haven?t made arrangements for a follow-up with a contact, then the rule of thumb is to follow-up with them as soon as possible after meeting them. Try to at least send an email or letter the next day saying what a pleasure it was to meet and that you look forward to talking more in the future, and then say in that note when you plan to follow-up with your contact by phone. Then, of course, stick to that new follow-up obligation. Even if the promises made by a contact while networking don?t pan out for you on the job front, don?t cross them off of your contact list. Keep them in the loop about your job search and your career goals. While they may not have been able to make if happen for you this time, you never know what they might be able to do for you in the future. Your most promising business contact may be someone you already know.