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Definition of copyright infringement
Protect Yourself: Know the Definition of Copyright Infringement
As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work – albeit written, musical, videos, software or some other form – that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium.
As I mentioned earlier, a definition of copyright infringement is difficult, at best. Copyright infringement is defined by the jurisdiction – the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city & province) before using something that isn’t in the public domain.
For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able include ideas, works that aren’t eligible (150 years-old documents, or older – think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights.
As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “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.”
Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works – for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic internet) works and offline works.
There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own.
The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 - §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations.
While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician.
Web Hosting - Look Before You Leap Companies that offer Internet-connected servers that provide space and bandwidth for a domain, for one or more web sites, are called Web Hosts. Large companies have private networks that allow them to host domains on their own equipment and IP address range. But for the majority of those who want an Internet presence, a 'rented' web host is a necessity. There are a wide variety of hosting plans available. Some are free, others charge up to a $100 or more per month. Some provide nothing but a tiny amount of disk space and minimal network bandwidth. The web site owner is on his or her own for any thing else. Others offer a range of services, including server and email administration, backups, web site design assistance, troubleshooting and many others. In the world of web hosting, you may often find yourself sharing a server with anywhere from one to a thousand or more other web sites. That allows the web hosting company to keep equipment and staff expenses lower. Many web sites are simple and low-volume enough that the arrangement works fine. When you or one or more of the others grow, it may be helpful to consider a dedicated server. A dedicated server, as the name suggests, hosts only your domain. You can put one web site on it, or as many as you wish. You control the access. You may also, as an option, take over much of the server administration yourself. That may save you money on support costs, but cost you considerable time. If you don't have the expertise, you can end up costing yourself much more than you save. In order to carry out those administrative functions yourself, even if you hire help, it's desirable to have some technical knowledge under your belt. Some of that knowledge will be useful, even for day-to-day tasks apart from dealing with emergencies. FTP, email administration, backup methods and other technical areas are among the more common areas you'll need to be at least somewhat familiar with. When your web site grows to a certain size and level of complexity, you'll begin to find it worthwhile to look at implementing a database. But that brings with it a still higher level of ability, both technical and logistical or creative. Implementing a database can be relatively simple. Designing one that provides what you want, with decent performance and maintenance that doesn't become a nightmare, will take some careful thought. Not everyone has the temperament for that type of work, especially those who prefer graphical design, content creation or development, and the many other web site tasks that are part of every implementation. There are other, more low level administrative matters. Managing disk space, maintaining domain names, dealing with registration and changes, and a number of other 'utilitarian' tasks are also not everyone's cup of tea. Some understanding of how DNS works, as well as the design of the Internet itself, are helpful. That provides a good context for understanding the role of some of those tasks. When you begin to seek out a web host to implement a web site, consider all these factors and look in the mirror. What kind of web hosting you should pursue is determined by a combination of who you are and what's being offered. Look before you leap. 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. |