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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.
Web Hosting - All About Domain Names "What's in a name?" Shakespeare asks in Romeo and Juliet. In the case of your web site the answer is: quite a lot. A domain name is the English (or other) language designator for your site. Because of the way the Internet functions, that name is associated with an IP address, a numeric identifier that computers and network components use to connect a browser to a web site. It's not mandatory that a site has a name. But directing visitors by IP address can quickly generate difficulties. Having an IP address IS mandatory, since it's ultimately the way a web site is located by other computers and network software. In the early days of the Internet the name was chosen carefully in order to help a person remember the URL. That made it easier to type, too. With hotspots on a page, great search engines, social networking and other contemporary tools, that's not as important now. But from a marketing perspective, it still helps to have a good name. It's still beneficial to have a site called 'CheapTVs.com' if what you sell are inexpensive TV sets. Calling your site, 'InexpensiveElectronicVisualDisplayDevices.com' may describe your business in some way, but it's a little harder to refer a new person to your site. Which name you choose can, therefore, affect how much traffic your site gets, how soon. Sooner or later, if you have information and/or products/services that people want, word will get around. But having a good name can certainly help. Love them or hate them, the Google company chose well. Of course, the fact is that there are millions of web sites around the world. That means, you don't necessarily get the name of your first choice. ICANN (Internet Corporation for Assigned Names and Numbers) is the internationally recognized authority for managing IP addresses across the worldwide Internet, along with the top-level domain name-parts (.com, .net, .org, .edu, and so forth). But registering a name is done by simply contacting any of a hundred organizations that work as intermediaries to establish and track the names. GoDaddy, Register.com, Network Solutions and a great many others provide the service for anywhere from free to a few dollars per month or year. You contact them by navigating to their web site. Then, using a feature they all provide, you can select a possible name. They use something called whois and other software to determine if the name is already claimed. Or, you can check yourself at www.whois.com. Registration is for a limited time, but typically renewable in perpetuity provided you pay the (usually annual) fee. You may have to go through several choices to find a domain name that isn't already in use. With so many millions of sites, the odds of you getting your first choice is slim, unless you have a highly unusual imagination. But, it's also true that domains tend to die or expire. As they do, the name becomes available for use by someone new. A method for getting on a 'waiting list' is available. You register the name you want and if and when the name becomes available, you are offered the chance to claim it. Naturally, there's competition even on the waiting list for 'good' names. There are many different ways of establishing priority that vary by company. At any given time there are thousands of so-called auctions going on to bid on names. Give some thought to your new domain name and research its availability, but don't stress over it. The name isn't everything. After all, if Google had built a search engine that delivered usable results only 10% of the time, their name would be mud. Helpful Hints for Finding Free Stuff Online The World Wide Web is awash in wonderful freebies. The problem is finding them, and sorting out the real freebies from those that will cost you in the long run. 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