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Copyright Infringement Lawsuit
Who are in Copyright Infringement Lawsuits?
A copyright infringement lawsuit can be brought down for any number of reasons: someone using a song in a podcast or radio program, a writer ‘borrowing’ information from another work, the copying of video or mp3 off the internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they’re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone ‘sampling’ a song to make another, or maybe a person reselling mp3s online.
When you understand the implications of it, copyright infringement lawsuits aren’t frivolous as some people may make it seem. For the most part, the average person’s familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty email.
The use of works that are used in major record albums my major recording stars like Britney Spears or 50 Cent, people will begin copyright infringement lawsuits for songs that bear resemblance to another song. Usually these suits will be lost because it’s rather hard to prove inspiration, but they are rather costly and draining, especially if there isn’t a large backing legal team.
Copyright infringement lawsuits for large enterprises can be rather costly and time consuming as well. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. Universal Music Group, who is claiming that MySpace is knowingly committing copyright infringement by allowing it’s users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn’t come to an agreement – then they filed suit.
Universal Music Group has an agreement in place with YouTube, where YouTube agrees to follow Universal’s rules. It’s worked out well thus far, and I think with an agreement in place ‘user created content’ will retain a destination on the internet.
This is a testament we all need to be with social networking sites and ‘user created content.’ We need to watch ourselves, because many times we may not realize the veracity of our actions.
Sometimes, people break copyright laws on purpose. There is a huge market in the dealings of pirated software – from Windows to Photoshop to The Sims. It’s very easy to share peer-to-peer, and because of that, people can resell ‘pirated’ for a high price – all profit. Or they’ll download MP3 and resell them; or eBooks. These people who resell these items get nasty penalties – with both copyright infringement lawsuits and criminal cases. They’ll pay a hefty fine and go to jail.
As you can see, copyright infringement lawsuits can affect any one of us – from our friends on MySpace to our employer, to the computer geek down the street. It’s very easy to violate copy rights, and you have to watch yourself. The chances are good that you won’t be involved in a major copyright infringement lawsuit, but you still need to ensure you’re following the copyright rules of engagement.
Copyright infringement lawsuits are important in determining what is, and isn’t, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding fair use, internet use, and the Electronic Frontier Foundation and CreativeCommons.com has been formed. The lawsuits help us to understand what is, and what isn’t fair – and these organizations have helped the masses to understand what’s so important about copyright, and why we need to defend our freedom of speech.
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There are multiple music copyrights that you must keep in mind – lyrics, composition and the recording of the music by an artist. Using someone’s music may involve you acquiring many different licenses such as mechanical, synchronization, performance and publishing licenses. Music copyright law has separate copyrights for the vocal or instrumental recordings of a composition or performance and the copyright of the written lyrics and music. Standard music copyrighting practices usually entail that the writer of the song retains the rights to the right to the music composition which the studio that did the recording of the music holds the rights of the recording. Music copyright law can get very complicated. It can involve negotiations with the writers, producers, agents, heirs and more. Many artists and studios are upset with the decline in music sales. They are attributing this decline to people who are violating music copyright law by downloading music on the Internet. Music files are under the same copyright law as music recordings and the owners of these copyrights are entitled to royalties or compensation for the music that people are illegally downloading on the Internet. The simple fact is you are stealing if you make copies of copyrighted music recordings without authorization to do so. If people were sued for the music they have downloaded illegally, it could result in thousands of dollars. Music copyright law states that it is illegal to duplicate and distribute creative work. If you send someone an email with a song that you have illegally downloaded on the Internet, you could be in for some serious trouble. To put it bluntly and plainly, if you download (or upload) music that is copyrighted without permission to do so, you are breaking the law. Many people violate music copyright law and do not even understand how their actions are criminal. If you purchase a music CD you can make a copy of it for yourself on your MP3. However, if you then use that recording and put it on your website or blog and make it available for everyone to download, you are performing an illegal act. Even if you join a site and pay a fee to download music you are in violation of music copyright law. This may sound like something that would never come back to haunt you. After all, if you were caught, it would be a first time offense, right? Well, you should know that there have been first time offenders who have been fined up to $250,000 and up to five years in jail for violating music copyright law. It is so much easier to go out and pay 20 bucks for a CD. Whether you are uploading music or downloading music, educate yourself on music copyright law. No one wants to ruin their financial future and face jail time. Enjoy music, just do it the right way! |