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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.

Software copyright Software Copyright Difficult to Enforce For those of you who love computer games, you probably know more about software copyright than you ever thought you'd want to know-especially if you have or have ever owned multiple computers. Most new games not only come with special copyrights but also built in security features that are designed to enforce those copyrights. Some have even gone so far as selling you the right to 'use' the material you are purchasing rather than providing you with actual ownership of the software to which they own the software copyright. That bothered me a bit at first, but I've come to understand it's another way of protecting them and their rights as well as controlling or limiting how you use the software they provide. Software copyright is actually quite confusing and hotly debated. Many stores will not accept opened software as returns because the software companies won't reimburse them for the product and they are left holding the bag. It doesn't sound like much but when you think of literally thousands of consumers attempting to return opened software because they didn't like or worse, they only needed to download and install it for it to actually run. Companies that produce computer software have become savvy to the ways of the modern consumer. Those companies that produce computer games especially require that the disk actually be in your player in order for the game to operate properly. This enforced the software copyright to the extent that two people can't reasonably share ownership of the same game, as they both need an actual disk in order to operate the games. But for every solution there is a hacker or budding programmer that creates a new problem for software makers and holders of software copyright to face. One of the latest problems is the virtual CD. The long and short of this is that the computer is tricked into 'seeing' the CD where it should be and carries out the game as though it were. Another important thing to note about software copyright is that there are many programs available that mimic some of the more notable applications for no fee. These are often referred to as open source software and often have excellent if not superior quality to similar programs that are available for fees. One thing I've noticed is that I will often find free open source software, download it, love it and a few months later I will find a more polished version of the same software, by the same company available with a few more bells and whistles for a fee. The new improved software has a software copyright and is not free to consumers but it is also a much better version than what I currently have. It's a great way for new software developers to make names for themselves and get volunteers for the testing process of their development phase. A software copyright offers protection and recognition to the owner of the software. The problem with protecting software is that it is impossible to police properly. That would require walking into every home on the planet and checking each computer to make sure there are no duplicate copies extra copies, illegal copies, etc. Plus, who keeps the actual boxes from all their software? I certainly do not. I could never prove that I was honoring the software copyright if the packaging or receipts were the only way I have of doing so. Most people in the world today honestly want to do the right thing. Software is one of the most expensive purchases people will often make for their home computers, it only makes sense to buy actual copies that have an actual software copyright in order to protect your investment not only in your software but also in your computer.

The Ins and Outs of Free Writing Contests (free writing contests) Free writing contests are available by the thousands. They are virtually a dime a dozen on the Internet. No matter what your niche is in the writing community there is a free writing contests out there for you. How do you know which ones to enter and which ones are legitimate? That’s simple. You do what you do best-- research. While providing the story for the free writing contest will probably be the easy part, researching the thousands of available contests will be a daunting task. If this is un-chartered water for you, you have the start at the beginning. Finding what free writing contests are available. Grab a notebook or start a word document and list the contests that are available. Beside each contest name you will want to put what kind of writing they are looking for and when it needs to be done by. By doing this first you will be able to eliminate any that do not coincide with your writing niche or with your schedule. Now the free writing contest research begins. Finding out if a contest is worthwhile and legitimate is comparable to running a background check on a person. First check the contest website. Do they have all contact information available? Do they tell you what company is hosting the contest? If they are not, you will have likely found warning number one that it is a scam. So scratch those off your list or at least move them to the bottom until you can find out more information on them. Start asking around to colleagues and writers groups. Search the writing forums and the Internet scam sites. The Better Business Bureau is also a good place to look. Once you narrowed the free writing contests down to the legitimate ones, read the contest rules and regulations. Some contests require you signing over all rights to a story even if you don’t win. Are you willing to do this? Giving up rights to you writing is a lot easier to do when you are getting something in return. After you enter there is no going back, so make sure this is what you want to do. The final thing you need to look for is if the contest is just a cover up to get you to buy services or products. This does not necessarily mean they are a scam or don’t actually award winners. It simply means that they will try to entice you to use their critiquing services or offer you a book at a reduced fee that your work will be published in. Being published sounds like a great deal but is it a book that carries prestige that people are going to see? Many authors think that writing contests will launch their career into a successful endeavor. This is not the case, especially for free writing contests. Even winning the grand prize of a smaller known contest is not going to affect your literary journey. Even though they may not springboard your career, there are good reasons to join writing contests. You will get unbiased opinions and valuable feedback from the judges. If you make it into the higher rounds, editors could also see your writing. Ultimately whether you enter a free writing contest the choice is yours. Just ask you self if the time spent writing and researching the piece you choose to enter is worth writing for free in most cases. The critique and feedback may be the most worthwhile thing you receive from the contest. But then again the judges opinions are a dime a dozen just like the contests.