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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.
Writing Tips for all Styles of Writing (writing tips) Most writing tips you will come across are usually geared towards certain writing topics. You can find fiction writing tips, short story tips, and poetry tips among the different ones. These tips are suitable for any style writer. Setting aside a time to write: You have to choose which is best for you. Some writers prefer having a set schedule. They schedule their days as if they are working a 9-5 job. Or some write in the fly and impulsively. Neither way is right or wrong. It is just a matter of choosing the one that fits your lifestyle and writing techniques. Know how to prevent writers block. It often helps keep your mind fresh and writers block at bay when you write about more that one topic at a time. This can keep the creative juices moving and the brain actively thinking about what the next lines are going to be. Writing about topics you know about or have a desire to know about also help the words continue to flow onto your canvas. Writing daily keeps your imagination open and always running. If the words start to become difficult to create, take a break and change the scenery before they are lost. It is easier to add to ideas already in your head than it is to try and start from scratch again. Another great writing tip is to keep a notebook and pen with you at all times. How frustrating it is when you have this fantastic idea but you forget what it is before you can find a pen and paper to write it down. Or you have a dream and wake up thinking that a great story could come of it and then in a flash it is gone. Set daily goals for yourself. Whether you are on a schedule or an impulsive writer setting daily goals will make sure you reach your intended outcome. Daily goals are usually much easier to obtain than weekly goals. If you do not have an education in writing but love to write it will help your career to learn writing basics. Understanding the different writing techniques and styles or basic grammar are imperative parts in a writers career. There are low cost and even free online course that will lead you in the right direction. Another helpful writing tip is to have a proofreader. This can be a family member, a colleague, or a friend. Every writer proofreads there on work over and over but a proofreader will often pick up things that we miss. The writer of a story knows what they want to say; therefore it is to miss an out of place word because you often read what you know it should say instead of what it really says. A proofreader will read the actual words and let you know whether they make sense or need changed. The research you do for an article needs to be accurate and update. A topic with information can be detrimental to your career. It shows lack of responsibility to find correct information. It shows apathetic writing abilities and reflects poorly on your character. The most important tip that you should know is to know what you are trying to achieve with your writing and knowing what its purpose it. By knowing this you will be able to keep focus on the point of your writing. Whether you are writing a story and try to keep reader enthralled with your characters or a late breaking news article by remember the purpose of your story will help you stay focused and on the right track. Copyright lawyer complaints Complaints, Copyright Lawyer Complaints and Clients There are many copyright lawyer complaints, from both the lawyer and clients, but here is a list of what are the most popular. That’s right clients aren’t the only one that can have a complaint, even lawyers get them. Imagine working in an office all day representing people. You have to deal with the worse crowd some days, other days are a piece of cake, but it is the person that comes in demanding that you get them what they want right then and there. This person gets mad once the lawyer explains the process and ends up storming out of the office. Now the lawyer is left, angry and without pay. Wouldn’t this fall under a copyright lawyer complaints? As a client you have the choice of picking another lawyer; however a lawyer doesn’t have this option. They need you in order for them to get paid; they aren’t going to turn you down just because you are a bit obnoxious. Another copyright lawyer complaint may also be towards the clients, lawyers hate to work a case that others have already tried…or worse one that the client has tried himself without legal representation. To avoid this, hire a lawyer before you go to court. Don’t think you are an expert in the field just because you read a few articles or have seen a few cases on copyrighting on the television. One of the biggest copyright lawyer complaints is that the client didn’t know that the lawyer was going to charge something. This is one reason you should find out before agreeing to anything what it is you, as a client, will be paying. You don’t want to find out after the trial that you owe a huge amount of money to a lawyer that you don’t have the cash for. A copyright lawyer complaint may be that their client doesn’t have the proof they need for a case. This can be easily solved by the client if they took the proper precautions, however chances are they didn’t or they wouldn’t be needing a lawyer. Try keeping all your work in a safe place with dates stamped on them to prove when they were created. This doesn’t guarantee you that you will win a case but it can help your lawyer. Last, you, as the client didn’t know much about your copyright lawyer, complaints were filed against him in the past but you had no knowledge of them. Maybe he just lost your case because he gets angry at the drop of a hat and just showed it in the courtroom, or maybe he just didn’t return your phone calls and you had no clue when you had to be at a hearing. This will only fall back on you for not looking into him/her enough. There are a ton of resources out there, use them. Don’t just pick the first name you see. If you think that you have a case against your lawyer you can always file a claim. The best way to avoid copyright lawyer complaints is by making sure both parties are satisfied with the experience. If you are the lawyer, find out in the first meeting what your client expects of you and as a client find out what it is your lawyer will be doing for you so you don’t make assumptions. Making sure everyone has a clear understanding of what shall take place is the only way to have the best experience. Remember, a happy client means a returning client and more customers. But a client with a bunch of copyright lawyer complaints is bad for business. |