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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.
Education Copyright Law The Nuts and Bolts of Education Copyright Law It is a wonderful thing that Education Copyright Law is available for educators. It isn’t only teachers that can take advantage of education copyright law. Students are also covered under education copyright law -- to a degree. Teachers are able to use copyrighted materials in their classroom and make copies of them. Students are also able to use copyrighted materials in school projects. The key to education copyright law is how often a teacher or student uses copyrighted material, in what way they are using it and how many copies they have of it. It is important that teachers and students do not cross the line of education copyright law or they could be in for some stiff penalties. It helps many students and teachers to learn what exactly is not copyrighted. Any work that is in the public domain is not copyrighted and can be used in school and for school projects. Work that is not in the public domain is copyrighted and if you use it you should make sure you fall within the fair use or education copyright law regulations. Many people do not know what exactly fair use copyright regulations are. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it directly? If you are using another person’s work directly, for what purpose and how much of the original author’s work are you using? Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! There is a greater amount of room to maneuver when it comes to technical writing. For instance, if you are writing a report on something that involves a lot of reporting from an expert, you would probably need to quote more of their work than you would a fiction novelist’s work. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. Individuals who are involved in the distance education field should take a look at the TEACH Act that was made into law in 2002. This Act clearly outlines the requirements that a university or school must be in compliance with when it comes to transmitting copyrighted works via the Internet. The TEACH Act allows students and teachers to transmit copyrighted works, but they must be within certain guidelines. If the school or university cannot meet these guidelines, the material that is being transmitted via the Internet needs to fall within the fair use copyright act – or the individuals involved need to have permission from the copyright owner. If you are an educator and you are using copyrighted material make sure it falls within the education copyright law. Preparing Questions to Ask in your Upcoming Job Interview When you get ready for a job interview, chances are you have spent a lot of time trying to guess the questions you will be asked and prepare your answers to them. How will you explain that gap in your work history? What will you say when they ask you why you left your last job? In the rush to make sure that you have all of your answers perfectly prepared and ready, don’t forget to prepare a few questions of your own to ask the person who is interviewing you. Asking questions is an important part of your interview. When you get asked the old “do you have any questions for us” one, it pays to actually be able to come back with a few questions instead of a, “no, I don’t think so.” Asking questions will show that you are engaged in the interview and have done some thinking about the position, plus, the questions you ask will help you elicit valuable information you need when you have to decide whether or not to actually take the job, should it be offered to you. The first thing you should want to find out is why the job is open in the first place. Is the job you are applying for a new position? That means you can expect to have a lot of transitional bumps along the way as you are integrated into the company. If the job is not new, and the person before you was fired, then you can expect things to be in a state of disarray when you take over and that you will have to spend a lot of time up front cleaning up spilled milk. If the job is open because the person who had it before you moved up in the company, then you will know that this is a job with a lot of future potential. Next, find out a little bit about the person who will actually be your boss if you get the job. Sometimes, this person will be involved in the interview, but often they will not. Finding out how high up in the company chain you will be reporting will help you gauge how important the position for which you are applying is to the company. Also, it helps to know a little bit about the personality type of the boss to be. If you like to keep your head down and do your work, and your potential new boss is one of those “wacky” types, then you may want to look elsewhere. From there, ask about the kinds of responsibilities you will need to take on board right out of the gate. When companies are hiring for a new position, they usually have a few ideas about what that person will need to start working on right away. Getting a clue about your first project will help you decide if this job is right for you. This is also a good time to ask the interviewer about their job and why they like working the company. You may find out that this really could be your dream job, or you may end up sensing from your interviewer that you should run away, fast. Last but not least, ask your interview when you should follow-up on your interview. Don’t open the door for a “don’t call us, we’ll call you” kind of interview closing. Let the interviewer know to their face that will be making the effort to contact them again. You may get the vibe from your interviewer that the job probably will be going to someone else, so you can move on quickly, or you may end up being offered the job on the spot. Either way, you will have opened the lines of communication to take the next step. |