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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.
The Business of Self-Publishing (self publishing) Self-publishing has become a common practice for many writers. Writers? reasons for self-publishing are varied, but it is commonly known that many writers want the accolades of having published work, no matter who publishes it. The freedom and business aspects of publishing work independently are desirable to many writers. A self-published writer is one who is in control of every aspect of their published work. The term self-publishing is defined as the publishing of books and other media by the authors of those works, instead of being established by third-party publishers. The advancement of technology has caused an increase in the self-publishers world, but it still only represents a small percentage of the publishing industry in terms of sales. The proliferation of media channels and web logging has contributed to the increase in self-publishers. The business of publishing books and other media independently is one that is unique and different from any other business. The most distinguishing characteristic of self-publishing is the absence of a traditional publisher. The author of the content takes on the role of the traditional publisher. The author is given editorial control of the content, arranging for printing, marketing the material, and distributing the material to consumers and retailers. The published books may be printed on demand with no inventory, which places a large amount of financial risk for the venue on the author?s shoulders. Many self-published authors end up subsidizing their work rather than making money from it. Digital printing technology has made it possible for the self-publishing concept to become mainstream in digital photo book printing. Self-publishers are able to get individually printed photo books from firms like Apple?s iPhoto, FotoInsight, Snapfish, and Printing-1. The motives for publishing work independently are varied, and there are numerous reasons for choosing to self-publish. One common reason is that the work of the author is not of interest to the commercial publisher, and otherwise not marketable. Some other common reasons for self publishing include an author?s preference to retain complete editorial control over content. Many writers are unwilling to compromise when it comes to the editing of their work, and some prefer to have their work presented ?as is.? Writers may also be denied publication because they are unknown and don?t have a substantial resume. Self-publishing may also be an alternative for writers who have written material on a popular topic but that is only of interest in a small geographic area. Topics that address an obscure topic in which few people are interested may also be denied publication by commercial publishers. Writers of controversial works may also choose to self-publish, as many traditional publishers refuse to work with controversial writings. There are also some authors choose self-publishing because they want a larger percentage return from retail sales. Whatever the reason for self-publishing, authors should know that there is extensive work required in publishing a book alone. Publishing alone involves a long list of tasks, which include prepublication and publication. Prepublication includes editing or obtaining editing for the manuscript, proofreading, establishing yourself as a legal retail business, and obtaining an ISBN ?Cataloging in Publication? number. The publication process involves formatting the manuscript, providing front matter and back matter, and providing cover art for the front and back covers and the spine of the book. Self-publishers must also obtain printing quotes, determine how the manuscript will be delivered to the printer, and pay for printing and delivery of finished books. Self-publishing is a business that many writers prefer to avoid, but for others it may be the only way to have the work printed and available to the public.
Copyright lawyer Everything You Need to Know about a Copyright Lawyer Everything you may need to know about a copyright lawyer before you get one, there are so many different types of lawyers a little run down never hurt anyone. Copyright lawyers deal with many different subjects such as internet law, intellectual property, patent and trademark and of course your copyright laws. Each lawyer has gone to school for some time in order to get a degree to help you, which means they know more about the law than you do. Some mistakes website owners make is when they buy articles online; many times a buyer just assumes they have full copyright. This isn?t always the case, depending what was agreed on will determine who has ownership. In order to make sure you don?t fall into this trap have a lawyer set up a contract before you hand over any money, this way you know for sure if you have full ownership or if the writer does. There are actually three different categories that you may purchase an article, usage, full and unique. A copyright lawyer will explain exactly what each one means. Usage is basically meaning the buyer gets to use the article one time, but the writer can use it again or resell it. Full rights will give the buyer all rights; they can even place their name on the article saying they wrote it. A copyright lawyer will never tell you that you don?t have to register your copyright; in fact they will encourage you to do it. Sure, they get money to do it for you but you will have documented proof that you own the copyright. If you don?t file it, you can?t sue if someone uses your information. A copyright lawyer is not cheap, that means if you are just looking to pay out a mere $300 you are looking in the wrong field. Sure there are sites that offer to do your bidding for you. Are you sure they are someone you trust? Stick with your gut feeling, pay the money and have someone there to walk you through everything you need. Most copyright lawyers will have special discounts on packages, which means you?ll be getting a lot more than what you originally walked in for. Chances are your lawyer will even advise you of things you didn?t even have knowledge about. A copyright lawyer can help you better understand the laws of the virtual world, as well as the real world. Every day someone new is getting sued over content on the internet, it can be as simple as someone stealing an article, quote, song or a picture. A big issue is using another company?s name in your tags to get the search engines to rank you higher, you will get caught and when you do the fines are pretty steep. Other issues may be with bloggers today, be careful with what you say about your places of business, not only could you get in trouble for any copyrighting issues but slander is another big issue. Another thing you may want to know about a copyright lawyer is that you can use one even if you are actually getting sued. Many people only look for one when they want to copyright something or sue someone, but they normally don?t think about hiring a copyright lawyer when they are being sued. This is definitely the person you want on the job defending you if the time comes, after all they do know their job. That?s everything you need to know about a copyright lawyer before you get one, if you have any other questions call them up and ask them. Lawyers love to give advice, especially if they think you?ll be hiring them.
Fair Use Copyright Law Don?t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person?s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author?s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone?s copyright if you use their work ? especially if you are using another person?s work for economic or commercial gain. When you are trying to see if you can use another?s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else?s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author?s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone?s copyright. Fourth, how much of the original author?s work are you using? If you are using a substantial amount of another?s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar ? especially if the original piece is hovering around 125 words itself! Lastly, what portion of another?s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner?s copyright. With a little common sense it is not hard to decide if you are violating someone?s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another?s works as their own.