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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.
Evaluating your Free Offers of Stuff Getting free stuff can be a lot of fun, and for many people, the hunt for freebies is as fun as actually enjoying the free products themselves. There is a dark side to freebie offers, however. Many scam artists have come to realize that pretending to offer free things is a great way to trick people into handing over sensitive information about them than can be used in identity theft operations or even bilk them out of cold, hard cash. For that reason, it is important to make sure you know how to stay out there when you’re looking for free offers. There are some things you can do to make sure you freebie hunting only brings you good times – these common sense rules are a great place to start. You’ve heard it a million times before – if it sounds too good to be true, it probably is. The reason you have heard it so many times is that it almost holds water. Think about the reason that companies give away free things. They’re usually not doing it for charity. They want you try to their products in the hope that you will come back to them as a paying customer in the future, and they’re doing it to build good will for their company over all. They’re definitely not doing it go broke. So consider whether the freebie offers you come across make sense according to these criteria. Does it make sense that a company will give you a free bag of their new flavor of chips or a trial size jar of their new face cream? Sure it does, because if you like it, you may buy these products in the future. Does it make sense that a company will give you an all expenses paid, two-week first class trip to Bali for you and ten of your friends? Not so much. Don’t waste your time on these too good to be true freebies – they may end up costing your big time in the long run. By the same token, the more outlandish an offer sounds, the more you have to look for the small print. Sure, maybe the hotel chain is willing to give you a free weekend in their beachfront hotel. The small print in the offer might say that you have to agree to spend 10 hours a day at a sales seminar or that the free weekend is yours after you pay for a two week stay. One particular airline ran an offer for a free coach class plane ticket from New York to London. The small print said you had to buy two, full price first class tickets on that same route before you could get the free on – at a cost of around $8,000 per ticket. Before you jump, make sure you get all of the details. Freebie offers that actually require you to shell out some money are very tricky. Sometimes they are legitimate – after all, if you are accustomed to paying full price first class airfare, a free coach class ticket can be a real score. But many times, when you have to pay to get something for free, that is a red flag that a scammer is at work. You should never send money, even for postage, to a company that you don’t know. Also, keep an eye on the costs for things like postage even if you do know the company name. If they’re asking for $50 postage to send you a free magazine, then you know something is up. Lastly, beware giving out too much personal information. There’s no reason a company giving away free shampoo needs your bank account details. Protect your private info and if you’re unsure, move on to the next freebie offer. Assistance on Filling Out those Online Forms for the Free Stuff So, you’ve found a great freebie online, or a free trial of some service you have been wondering about, but the form you have to fill out has left you scratching your head. Sometimes the paperwork involved in getting some free stuff can seem a bit like applying for a mortgage or filling out your life insurance policy, and in fact, many people decide the freebie isn’t worth it after all when they’re facing down an intimidating form to fill out. The good news is that you don’t have to miss out on the free stuff just because the form leaves you a little perplexed. This guide will walk you through filling out these online applications, even if this is your first trip around the Internet. Once you get the hang of things, you’ll be filling out these forms in no time at all. First things first: once you have the form open on the screen in front of you, you have to move your mouse so that the cursor sits in the very first empty space on the form, and then click the mouse once. Some forms will automatically place your cursor there when you open them, but if you are not sure, moving the mouse there and clicking won’t hurt anything at all. All you have to do now is start typing, filling in the information they ask for in that field. Filling out the form the entire form is merely a repetition of this process. Of course, you have to be able to move between the fields easily so you can fill in the rest of the form. On some online forms, the cursor will move automatically when you have finished filling in a field, which makes life easy on you, but others do not. To manually move between fields, all you have to do is either hit the “tab” key on your keyboard or use your mouse to move the cursor to the next field, just like you did to start typing in the first field. Hitting “enter” may seem like a natural thing to do, and while it can work on some forms, other forms will submit themselves when you hit enter, meaning you will have submitted a blank form. It is best to stick to “tab” or your mouse to be on the safe side. This technique should allow you to navigate a freebie form fairly easily. There are a few other things you may see on a form that you have to know how to handle. You may be asked to “check” a box or indicate in a little circle (called a radio button) that you accept the company’s privacy policy or some other thing. To do this, all you have to do is move your cursor over the box or circle and click – the check or the dot will then appear. This can also be handy when forms ask for a billing address and a shipping address - if they are the same, you can tick a box stating so and avoid having to type the same thing twice. If a form has several pages, be careful to save your changes for every page as you move along. Usually there will be a button to click at the bottom of the page that allows you to save the work you have done. Especially long forms usually have some kind of side navigation that lets you skip around from section to section instead of moving through the form systematically – this can be helpful if you need to find some info for one section, but want to take care of all of the other work first. Most forms are reasonably user friendly and contain info to walk you through the process. If you get stuck, look for a help icon on the page – this info should clear up any questions you may have. |