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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 - Look Before You Leap Companies that offer Internet-connected servers that provide space and bandwidth for a domain, for one or more web sites, are called Web Hosts. Large companies have private networks that allow them to host domains on their own equipment and IP address range. But for the majority of those who want an Internet presence, a 'rented' web host is a necessity. There are a wide variety of hosting plans available. Some are free, others charge up to a $100 or more per month. Some provide nothing but a tiny amount of disk space and minimal network bandwidth. The web site owner is on his or her own for any thing else. Others offer a range of services, including server and email administration, backups, web site design assistance, troubleshooting and many others. In the world of web hosting, you may often find yourself sharing a server with anywhere from one to a thousand or more other web sites. That allows the web hosting company to keep equipment and staff expenses lower. Many web sites are simple and low-volume enough that the arrangement works fine. When you or one or more of the others grow, it may be helpful to consider a dedicated server. A dedicated server, as the name suggests, hosts only your domain. You can put one web site on it, or as many as you wish. You control the access. You may also, as an option, take over much of the server administration yourself. That may save you money on support costs, but cost you considerable time. If you don't have the expertise, you can end up costing yourself much more than you save. In order to carry out those administrative functions yourself, even if you hire help, it's desirable to have some technical knowledge under your belt. Some of that knowledge will be useful, even for day-to-day tasks apart from dealing with emergencies. FTP, email administration, backup methods and other technical areas are among the more common areas you'll need to be at least somewhat familiar with. When your web site grows to a certain size and level of complexity, you'll begin to find it worthwhile to look at implementing a database. But that brings with it a still higher level of ability, both technical and logistical or creative. Implementing a database can be relatively simple. Designing one that provides what you want, with decent performance and maintenance that doesn't become a nightmare, will take some careful thought. Not everyone has the temperament for that type of work, especially those who prefer graphical design, content creation or development, and the many other web site tasks that are part of every implementation. There are other, more low level administrative matters. Managing disk space, maintaining domain names, dealing with registration and changes, and a number of other 'utilitarian' tasks are also not everyone's cup of tea. Some understanding of how DNS works, as well as the design of the Internet itself, are helpful. That provides a good context for understanding the role of some of those tasks. When you begin to seek out a web host to implement a web site, consider all these factors and look in the mirror. What kind of web hosting you should pursue is determined by a combination of who you are and what's being offered. Look before you leap. Copyright lawyer rating Determining what's in a Copyright Lawyer Rating You can find a copyright lawyer rating these days by doing a quick search online or by subscribing to a mailing list to the copyright lawyer guild. What goes into determining a copyright lawyer rating may be how many cases he/she has won or lost? The person that has won the most cases will be at the top of the rating chart, however someone that just comes in may be at the bottom for lack of experience. If you are searching for a copyright lawyer you will want the best but keep in mind that if they already know their copyright lawyer rating is high, their price might be raised more than the others in the field. So, make sure this is someone you want to represent you or to do your filing. If you are simply getting a copyright you probably don’t have to have the best and can go with your average rating. Someone suing you for copyright infringement or something else means you may want the best; you don’t want one that had a bad copyright lawyer rating. Do you? Today many companies are offering their own little search areas for towns, you might find a whole list of companies that need reviews and chances are those that are all bad rating are from one person. These sites are very new and popping up everywhere, the only way to find out how true the copyright lawyer rating, is by asking them. Another way they do a copyright lawyer rating is by passing out a few sheets of papers with a bunch of copyright lawyers names on them and having their peers rate them. I don’t really consider this fair because someone with the same amount of time and wants to be top in the field may mark their competition down just to get up on top. Not to mention how can they rate them when they may have never heard of them. Do you give that person a bad rating or a one star because you have no clue how they perform? Do you leave it blank? Find out why a copyright lawyer rating got the marks they did. Keep in mind that a client that didn’t win a case can have it out for them and rating them bad or review them as bad in every site that they can, which can cause a big drop in ratings, especially if they are new. Not all lawyers like that fact that just about anyone can rate them online these days, it was easier when their ratings only went with what cases they dealt with, how many they represented and their win/lose streak. There is a website called Martindale, it gives you ratings of many lawyers. This is a great site to come view to find lawyers in all types of fields, not just copyrighting. Explore it, there are a ton of reviews written by lawyers and clients, there are also legal articles, cases, events and much more for you to look at. Don’t forget about the peer ratings, which you can find person most qualified to help you. This is one place that does seem fair when giving out their copyright lawyer rating, they make sure that the top person can only be rated if they’ve been in that field for over 10 years, which makes it fair to a person that has very little experience. They won’t be on the rating list which means they won’t be at the bottom of the list. Remember, if your copyright lawyer rating isn’t up there doesn’t mean he/she is bad, they may have requested not to have it published or may not have been in the field long enough to be judge. The best judge for them will be you. |