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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 Business of Self-Publishing (self publishing) Self-publishing has become a common practice for many writers. Writers’ reasons for self-publishing are varied, but it is commonly known that many writers want the accolades of having published work, no matter who publishes it. The freedom and business aspects of publishing work independently are desirable to many writers. A self-published writer is one who is in control of every aspect of their published work. The term self-publishing is defined as the publishing of books and other media by the authors of those works, instead of being established by third-party publishers. The advancement of technology has caused an increase in the self-publishers world, but it still only represents a small percentage of the publishing industry in terms of sales. The proliferation of media channels and web logging has contributed to the increase in self-publishers. The business of publishing books and other media independently is one that is unique and different from any other business. The most distinguishing characteristic of self-publishing is the absence of a traditional publisher. The author of the content takes on the role of the traditional publisher. The author is given editorial control of the content, arranging for printing, marketing the material, and distributing the material to consumers and retailers. The published books may be printed on demand with no inventory, which places a large amount of financial risk for the venue on the author’s shoulders. Many self-published authors end up subsidizing their work rather than making money from it. Digital printing technology has made it possible for the self-publishing concept to become mainstream in digital photo book printing. Self-publishers are able to get individually printed photo books from firms like Apple’s iPhoto, FotoInsight, Snapfish, and Printing-1. The motives for publishing work independently are varied, and there are numerous reasons for choosing to self-publish. One common reason is that the work of the author is not of interest to the commercial publisher, and otherwise not marketable. Some other common reasons for self publishing include an author’s preference to retain complete editorial control over content. Many writers are unwilling to compromise when it comes to the editing of their work, and some prefer to have their work presented “as is.” Writers may also be denied publication because they are unknown and don’t have a substantial resume. Self-publishing may also be an alternative for writers who have written material on a popular topic but that is only of interest in a small geographic area. Topics that address an obscure topic in which few people are interested may also be denied publication by commercial publishers. Writers of controversial works may also choose to self-publish, as many traditional publishers refuse to work with controversial writings. There are also some authors choose self-publishing because they want a larger percentage return from retail sales. Whatever the reason for self-publishing, authors should know that there is extensive work required in publishing a book alone. Publishing alone involves a long list of tasks, which include prepublication and publication. Prepublication includes editing or obtaining editing for the manuscript, proofreading, establishing yourself as a legal retail business, and obtaining an ISBN “Cataloging in Publication” number. The publication process involves formatting the manuscript, providing front matter and back matter, and providing cover art for the front and back covers and the spine of the book. Self-publishers must also obtain printing quotes, determine how the manuscript will be delivered to the printer, and pay for printing and delivery of finished books. Self-publishing is a business that many writers prefer to avoid, but for others it may be the only way to have the work printed and available to the public. Web Hosting - Sharing A Server Things To Think About You can often get a substantial discount off web hosting fees by sharing a server with other sites. Or, you may have multiple sites of your own on the same system. But, just as sharing a house can have benefits and drawbacks, so too with a server. The first consideration is availability. Shared servers get re-booted more often than stand alone systems. That can happen for multiple reasons. Another site's software may produce a problem or make a change that requires a re-boot. While that's less common on Unix-based systems than on Windows, it still happens. Be prepared for more scheduled and unplanned outages when you share a server. Load is the next, and more obvious, issue. A single pickup truck can only haul so much weight. If the truck is already half-loaded with someone else's rocks, it will not haul yours as easily. Most websites are fairly static. A reader hits a page, then spends some time skimming it before loading another. During that time, the server has capacity to satisfy other requests without affecting you. All the shared resources - CPU, memory, disks, network and other components - can easily handle multiple users (up to a point). But all servers have inherent capacity limitations. The component that processes software instructions (the CPU) can only do so much. Most large servers will have more than one (some as many as 16), but there are still limits to what they can do. The more requests they receive, the busier they are. At a certain point, your software request (such as accessing a website page) has to wait a bit. Memory on a server functions in a similar way. It's a shared resource on the server and there is only so much of it. As it gets used up, the system lets one process use some, then another, in turn. But sharing that resource causes delays. The more requests there are, the longer the delays. You may experience that as waiting for a page to appear in the browser or a file to download. Bottlenecks can appear in other places outside, but connected to, the server itself. Network components get shared among multiple users along with everything else. And, as with those others, the more requests there are (and the longer they tie them up) the longer the delays you notice. The only way to get an objective look at whether a server and the connected network have enough capacity is to measure and test. All systems are capable of reporting how much of what is being used. Most can compile that information into some form of statistical report. Reviewing that data allows for a rational assessment of how much capacity is being used and how much is still available. It also allows a knowledgeable person to make projections of how much more sharing is possible with what level of impact. Request that information and, if necessary, get help in interpreting it. Then you can make a cost-benefit decision based on fact. |