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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.
The Road to Riches – Or at Least Success - In writing (how to become a published author) Getting published is the first step on the road to becoming a writer. It’s an exciting day when you receive your first paycheck for something you wrote. It’s a stamp of approval on your ability to write the meaning of the everyday for the general public. If you want to know how to become a published author, read on. It can be a difficult and frustrating road, but the destination is well worth the journey. Starting Small The first thing to remember when wondering how to become a published author is that beginning should look like a beginning. Don’t expect instant recognition or huge payment for your first efforts in the writing world. You will learn as you continue to write and get feedback. Don’t always expect feedback either. You will have to become your own critic to some extent. The following list includes great opportunities for publication as you improve your writing skills. Newsletters As you learn how to become a published author, your first lesson may be that you won’t always get paid. When you are first starting out, your best opportunities may be with free publications that only accept donated work. Many newsletters are created by non-profit organizations. They need donated time from several sources in order to keep the public informed about their work. You could start your practice there. You can also start the process towards name recognition. Newspapers Newspapers are also a good place to begin your publications. Reporting jobs are difficult to land and may not be worth the time and effort that they require, but you can start with letters to the editor for great practice. You’ll see your name in print if you can write a clear letter addressing relevant topics. That could lead you to a relationship with the editor so that you can move into a few freelance jobs. Magazines As you query magazines for possible publication opportunities, you will do well to include some of your already published work. Whether you’ve been compensated or not, your name in print along with some representative writing will help you get an interview with a magazine editor. Now we can talk about how to become a published author for money. Magazines start writers at low wages with the opportunity to increase. Online Publications Online publications work in much the same way. You will probably find job postings on job boards. If you can demonstrate that you have been published somewhere before your chances of landing a paid job will increase. Anthologies As your skills improve, you will be able to step into jobs with books. Anthologies are filled with skillfully written pieces along some subject line. You will need to use all of your capabilities you have learned so far as in writing for an audience and creating a tone acceptable to the publication. If you can do that, you will start to enter into the world of books. You may want to stop there, or you may want to take your work further. Books Writing your own book will take time and work. As you think about how to become a published author, remember that you do not necessarily have to become a book author. Writers work in all fields, and some are limited to one or two. If you have enough motivation and capability, book writing can be a lucrative field to enter into. If you’d rather stick to short term projects though, stick with the magazines and other similar publications. If you need more information about how to become a published author, check out specific information about any of the above genres. The internet is a great source, but you can also support other writers monetarily by visiting your local book store. 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. |