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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.
International Copyright Law Surprise! There Is No International Copyright Law Many people are surprised to learn that there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection to what is deemed as “foreign” works. International conventions and treaties have done much to protect owners of copyrights around the world. With the world seemingly becoming smaller every day the United States took a look at its stance on the European copyright treaty known as the Berne Convention. Basically, the Berne Convention of 1886 involved European nations coming together to seek a uniform copyright law to keep their copyright owners from having to register for copyrights in individuals European countries. The United States signed on to the Berne Convention introduced made it into a U.S. law known as the Berne Implementation Act of 1988. If you are seeking to have your work protected in a particular country you need to find out what kind of protection foreign authors have in that country. Some countries offer little or not protection to foreign authors. It should be noted that the U.S. Copyright Office is not allowed to give authors recommendations or the names of attorneys or agents that could help them understand foreign copyright laws. However, with a little investigation it is not hard to find someone who is an expert on foreign copyright law. These individuals can help you learn more about copyright protection and how your work is deemed in a foreign country. Someone who works in international copyright law will tell you that it is different than most other sectors of law. It involves knowing the copyright law of two or more countries. Every country has their own way of granting and protecting someone’s copyright. The individual criteria of each country must be taken into consideration when you are dealing with international copyright law. It is important to note that some countries do not have any intellectual property rights and some countries even grant more copyright protections than even the United States. International copyright laws involve understanding international treaties and conventions, like the Berne Treaty and WIPO Copyright Treaty listed above. If you are interested in pursuing a degree in law, you may want to explore the international copyright law sector. With the world becoming one big neighborhood, you will probably not lack for work. People that have copyrighted works need to be aware that there are differences in the copyright laws in some nations. While it is true that the United States has signed treaties with some nations, your work will not be protected in every country of the world. As stated, the United States is a member of the Berne treaty. In addition, the United States is a member of the WIPO Copyright Treaty. This treaty works in conjunction with the Berne treaty yet it also covers and gives protection to databases and computer programs. If you would like more information on international copyright law you should check with an attorney who specializes in international copyright law. Make Allies in the Workplace to Boost your Own Employee Status A pleasant work environment can go a long way. Having allies in the workplace that work with you, opposed to against you, can create an enjoyable calm at your place of employment. While everyone is not going to be best friends in the workplace, the ability to get along is very important. This can be more challenging with some people than others. However, typically when there is a real bad apple in the mix, they tend to weed themselves out with complete alienation. With that in mind, make allies with as many of your co-workers as you can. A healthy work environment makes the actual work go much smoother. If you want to gain allies at work treat everyone with respect. Employees that are known for their fairness and respect for others are the ones that people trust. If something goes wrong on the job, the boss and other employees know that they can get the right version of the situation from the employee that is kind to everyone. You do not have to like people to be kind to them. Co-workers that you do not like personally should be the ones that you greet and discuss work issues with. Other than that, you want to steer clear of your least favorites. The same is true for bosses that are on your least liked list. Simply limit contact to business material and you will cut down on the chances of having altercations. Nothing ignites work hostility more than employees that do not do their share of the work. If you want to have allies in the workplace, be sure that you are doing your job. You will not have to force the issue if you are doing what you are supposed to do. Your co-workers will like having you around and will be pleasant if you are completing the work you need to do. Don’t gossip. This is one of the major ways to create dislike in the workplace. Spreading rumors, or even truths that were confessed behind closed doors can keep the office on edge. If you are the confidant of someone at work, do not take the information they have shared with you and share it with others. If co-workers come to you and bicker about one another, do not chime in. If they are complaining to you about someone, they are complaining about you to someone else. Politely listen and move on. Remember your manners. Sometimes things get hectic at work and we forget our manners. We find ourselves in a hurry, throwing reports at the secretary or interrupting someone’s phone conversation. Try to compose yourself and be polite. Do not forget your manners simply because you are at work. Put forth extra effort to get along with your co-workers that are not easy to get along with. Personalities are going to be in conflict occasionally. There is nothing wrong with being opposed to someone and their views of the world. However, if they are your co-worker or boss, you need to not let that get in the way of you communicating with them. Allies do not have to necessarily be friends. Instead they should be people that are aligned with you because of the job you do and the way that you treat people. Employees that are able to form alliances at work will have a much easier time getting through the day. Also, if something happens on the job and you need help, co-workers will be much more willing to help out if you are someone who is well liked. With that in mind, it is worth your effort to try to gain allies at work. |