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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.
Copyright Infringement Lawsuit Who are in Copyright Infringement Lawsuits? A copyright infringement lawsuit can be brought down for any number of reasons: someone using a song in a podcast or radio program, a writer ?borrowing? information from another work, the copying of video or mp3 off the internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they?re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone ?sampling? a song to make another, or maybe a person reselling mp3s online. When you understand the implications of it, copyright infringement lawsuits aren?t frivolous as some people may make it seem. For the most part, the average person?s familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty email. The use of works that are used in major record albums my major recording stars like Britney Spears or 50 Cent, people will begin copyright infringement lawsuits for songs that bear resemblance to another song. Usually these suits will be lost because it?s rather hard to prove inspiration, but they are rather costly and draining, especially if there isn?t a large backing legal team. Copyright infringement lawsuits for large enterprises can be rather costly and time consuming as well. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. Universal Music Group, who is claiming that MySpace is knowingly committing copyright infringement by allowing it?s users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn?t come to an agreement ? then they filed suit. Universal Music Group has an agreement in place with YouTube, where YouTube agrees to follow Universal?s rules. It?s worked out well thus far, and I think with an agreement in place ?user created content? will retain a destination on the internet. This is a testament we all need to be with social networking sites and ?user created content.? We need to watch ourselves, because many times we may not realize the veracity of our actions. Sometimes, people break copyright laws on purpose. There is a huge market in the dealings of pirated software ? from Windows to Photoshop to The Sims. It?s very easy to share peer-to-peer, and because of that, people can resell ?pirated? for a high price ? all profit. Or they?ll download MP3 and resell them; or eBooks. These people who resell these items get nasty penalties ? with both copyright infringement lawsuits and criminal cases. They?ll pay a hefty fine and go to jail. As you can see, copyright infringement lawsuits can affect any one of us ? from our friends on MySpace to our employer, to the computer geek down the street. It?s very easy to violate copy rights, and you have to watch yourself. The chances are good that you won?t be involved in a major copyright infringement lawsuit, but you still need to ensure you?re following the copyright rules of engagement. Copyright infringement lawsuits are important in determining what is, and isn?t, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding fair use, internet use, and the Electronic Frontier Foundation and CreativeCommons.com has been formed. The lawsuits help us to understand what is, and what isn?t fair ? and these organizations have helped the masses to understand what?s so important about copyright, and why we need to defend our freedom of speech.
Free Copyright Music Free Copyright Music Means Deeper Well for Artist Inspiration Free copyright music is often mistaken with domain free music or music in which the copyright has expired. A copyright is in place for the lifetime of the author plus 70 years. If there are more than one writer's for the music, the copyright will be in effect for 70 years after the death of the last surviving contributor. While this rule was set in place in order to ensure that the heirs of the author would also benefit from the royalties after the music's writer or composer was no longer living it is important to remember that these laws are the current laws and music written at different points in time are most likely subject to different copyright laws. When searching for free copyright music it is always a good idea to search through music that is very old rather than focusing your search on more recent musical selections as they will most likely still be under copyright protection. It is important to remember when using free copyright music or public domain music that you must be certain the copy you are using is within the copyright period. Any music that was published before 1922 is public domain music. This does not however include derivatives or new versions of that music which may still be under copyright protection. Finding a copy of the music with the copyright date included, if that date is prior to 1922 is the best route to ensure that you are in compliance with current copyright laws and not infringing on someone else's copyright. It is also important to keep in mind that written music is protected differently than recorded music. Almost every sound recording that has been copyrighted in the United States is protected until 2067. If you absolutely need a sound recording you should either purchase one or make one of your own. There are some free copyright music that will allow free use of the music whether written or recorded, you must be thorough in your search for this music however as it quite rare. Another thing to consider is that copyright laws in the United States are different than they are in other countries and if you wish to use music that is or was under copyright in another country you must follow the laws that apply to the particular piece of music you wish to perform. Free copyright music is available in almost every country and many genres; the trick is in finding great sources where you can easily find this music. There is a project called Mutopia, which operates like project Gutenberg. Mutopia provides free copyright music rather than books however. The Gutenberg project also has a section that is devoted to free sheet music in addition to its wonderful resources for books. Each of these projects provides excellent resources for those who find themselves in need of free copyright music for whatever reason. Whether you are a musician who is seeking inspiration from the music of old or hoping to find a composition, which you can rearrange and make your own, there are many ways in which you can go about achieving your goals that will not violate current copyrights. The key is in learning the laws both where you live and in any countries in which the music you seek to modify. By choosing selectively and listening to your options with an open mind and seeing things with a creative eye, you will find a huge world of opportunity available to you as a musician. Isn't it amazing how free copyright music can have such an effect on your ability to create music that you may someday copyright?
Free Baby Stuff Requires a Visit to Babies Online Babies online is the page on the Internet when it comes to free stuff for the baby and new parent. The page offers any parent resources about the growing baby. Anything from personalized weekly calendars, over calculators to articles and information can be found on this web page. All the information offered on the page is freely available to anybody who signs up for their free membership. Under the top pages offered by babies online are pages that contain links to other free baby web sites, fun birthday facts, a weekly pregnancy calendar, due date calculator, baby?s first year, baby photo contest, baby names and meanings, baby freebies and a baby?s online blog. These pages are visited by the most users and are also most frequently used by members of the page. All these pages offer information around pregnancy and the infancy. Some of the pages offer advice on many of the questions that parents have in their first year of parent hood or before during pregnancy. The baby pages section of the website offers anybody to have an online birth announcement for the newborn, to read other peoples birth announcement and even to create or read other women?s pregnancy journals. Anyone can create his or her own and then sent links to all their friends to show off their little one over cyberspace. Not only does this save the writing and buying of all those birth announcement cards, it also saves the stamps and printed pictures that generally are included in birth announcements. The freebies page offers users links to free baby websites, links to free baby product samples, free pregnancy wristbands, free photo prints, free baby coupons and even freebie alerts. The free baby?s web site section lets parents create a web page that is completely centered on their new addition and give the new parents a chance to share their precious with all their friends and family. In the free baby product sample section a parent can find anything from free magazine subscriptions to those famous parenting magazines, to formula samples and children?s books. Due to the ten year anniversary of the page the web site offers pregnant mothers a free pregnancy bracelet. It is not only sleek and fancy, but is also there to alert any doctors or other personnel of the mother?s pregnancy status in any kind of situation, such as fainting, unconsciousness or an accident. A link to a related photo-processing place offers free photos for parents. Shipping as well as the prints is free to anyone that signs up to receive this offer. The online photo page offers any of the services a local photo store or photo lab might offer. Cards, picture prints, enlargements, photo gifts, calendars and more can be bought from this online site additionally to the free prints. On the online babies coupons and sample page users can find links to good deals, links to coupons and links to free samples. This part of the page is sure worth checking out. Some of the deals are for baby gear and baby food, while others also have links to places that offer deals on toddler?s and younger children?s clothing items. Even if it is just the beginning of pregnancy, checking out what is available online; especially on babies online can have great advantages. Some of the links offer new parents and parents to be many samples of different formulas, if this is going to be the choices to feed the baby, parents have a chance to try the different formulas and additionally get coupons for their favorite one. Not just the coupons, but also the free tools and journals on the web page make it worth to check it out. So go ahead and surf the web page to get up to date with newest baby information.