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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.

Movie Copyright Law College Students Are Being Targeted For Breaking Movie Copyright Law Many people have taken up the hobby of downloading movies and songs on the Internet and sharing them with their friends and family online. However, this is direct violation of the movie copyright law. Not surprisingly, the biggest violators of the movie copyright law are students. It is not surprising that the movie industry sector is sending out copyright infringements claims to college universities around the country. One reason that college students may be the hardest hit when it comes to violations brought against them for infringing on movie copyright law is that they are not aware of how serious a crime it truly it. Many college students who have suits brought against them are shocked, to say the least. They question why they were not warned about the perils of downloading movies and songs online and passing them along to friends. However, with the rise of claims that are being handed down, no one can claim ignorance for much longer. Word is being spread near and far that if you are engaging in illegal downloading and/or sharing then you can be brought to court. College students are learning the hard way that it is against the law and in violation of the movie copyright law to share or download copyrighted material. Many colleges and universities are now stating in their handbooks that it is against the law and the university rules to illegally download movies, music and other forms of media online using a school computer. In addition to illegal downloading and sharing software, the files take up space on the computer systems and use a considerable amount of bandwidth. While most universities and colleges will not look at the content an individual has -- they can isolate and identify the individuals who are hogging up the bandwidth by using illegal file sharing software. The movie and music industries have stepped in and are demanding restitution for illegally downloaded movies, music and other forms of copyrighted media. They have detection agencies that have the technology to identify and trace copyright infringements straight to their source. Once the computer is located they can notify the university or the college that they are in violation. The university will be told that they have a copyright infringement claim against them. Based on the Digital Millennium Copyright Act once the computer is isolated Internet access is terminated to that computer and court proceedings can begin. Does this sound far fetched? Well, it is not. You should know that in April of 2003 four students were sued by Recording Industry Association of America. These students attended Princeton, Michigan Technical University and Rensselear Polytechnic Institute. One student alone had an estimated liability of $150 billion. When you consider that you can be charged $750 per song that is illegally downloaded, the total can add up fast! The good thing is the lawsuits against the college students were settled for amounts less than $20,000. That is not pocket change for college students – or anyone for that matter! Movies and music are meant to be enjoyed. However, illegally downloading movies and music is not much different than walking into a video store and sticking DVDs and CDs in your pocket. Be careful. You do not want to be caught violating the movie copyright law.

Networking Know-How: How to Get Through to the Busiest of People When you are job hunting, sometimes the most frustrating part is just getting your foot through the door to let the right people know that you are out there and available for work. Companies can be like members-only clubs; they tend to be a little distrustful of cold callers and most executives advise their assistants to run interference for them on the phone so they do not get stuck having a protracted conversation with someone they just aren’t interested in doing business with. The thing is that to get an interview, these people can be the very same people you need to talk to. How do you get these busy people to clear some time off in their busy schedule to speak to you? First things first – you have to get the right attitude. If you want busy people to make time to talk to you, you have to present yourself in a way that makes them feel like you are worth the time investment. The trick here is that you have to do this by phone, and often, you have to first convince an operator or personal assistant that your call is one worth putting through to the boss. Your phone etiquette and vocal confidence will be the key here. Consider you basic phone manners first. Instead of launching right into what you want, respond to the greeting of the person who answers the phone with a hello of your own. Animate your voice and always remember that simply saying “please” and “thank you” can go a long way. Be the kind of caller that you would want to talk to if your job was answering the phone all day. People will respond to your positive attitude with a positive attitude of their own. Next, consider your confidence level on the phone. Do you tend to get tongue-tied and stumble over your words? That kind of delivery from you will set all the warning bells ringing on the other end of the phone, and you will find the person with whom you wish to speak always “out of the office.” Instead, work on sounding like you are confident that it is a forgone conclusion that you will get to speak that busy person you want to talk to. Be confident that what you have to say is something that is worth hearing. It may help to write out a framework of what you will say and practice a few times so you sound relaxed and composed when you make that call. Once your attitude is right to make the call, you can then employ a few tricks of the trade for getting through to those busy people. Instead of giving away too much up front, start your call by asking if the person with whom you need to speak is in. If the answer is yes, then you can remove on potential “excuse” for not putting your call through. If your call can’t be taken at that time, skip the message. Let the PA or operator know that you will call back again. That way you have a legitimate reason to keep calling. Of course, you might have to keep calling and calling, and that assistant might start knowing the sound of your voice. If you keep speaking to the same person, it’s time to open up with some person details. Let them know your name, why you’re calling, and if someone referred you, who that person is. Developing that personal relationship can help you get your call through to the boss. Last but not least, don’t give up. Busy people are, well, busy, and not necessarily avoiding your call. Persistence pays off, so keep on calling until you get through.