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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.

Copyright Infringement Lawsuit Who are in Copyright Infringement Lawsuits? A copyright infringement lawsuit can be brought down for any number of reasons: someone using a song in a podcast or radio program, a writer ‘borrowing’ information from another work, the copying of video or mp3 off the internet without permission (or sometimes, even to another CD or DVD). Copyright infringement lawsuits are not generally brought to the average person, unless they’re downloading a LOT of music or movies, but usually for large operations: software pirates reselling goods on eBay or to some other unsuspecting victim, someone ‘sampling’ a song to make another, or maybe a person reselling mp3s online. When you understand the implications of it, copyright infringement lawsuits aren’t frivolous as some people may make it seem. For the most part, the average person’s familiarity with a copyright infringement lawsuit is taking down copyrighted material after receiving a nasty email. The use of works that are used in major record albums my major recording stars like Britney Spears or 50 Cent, people will begin copyright infringement lawsuits for songs that bear resemblance to another song. Usually these suits will be lost because it’s rather hard to prove inspiration, but they are rather costly and draining, especially if there isn’t a large backing legal team. Copyright infringement lawsuits for large enterprises can be rather costly and time consuming as well. If you work for someone, and you plagiarize someone on the company blog, the whole company can be sued, and you fired, for that infraction. Another large copyright infringement lawsuit is the eminent MySpace v. Universal Music Group, who is claiming that MySpace is knowingly committing copyright infringement by allowing it’s users to upload copyrighted material. Even then, Universal Music Group has been negotiating with MySpace and couldn’t come to an agreement – then they filed suit. Universal Music Group has an agreement in place with YouTube, where YouTube agrees to follow Universal’s rules. It’s worked out well thus far, and I think with an agreement in place ‘user created content’ will retain a destination on the internet. This is a testament we all need to be with social networking sites and ‘user created content.’ We need to watch ourselves, because many times we may not realize the veracity of our actions. Sometimes, people break copyright laws on purpose. There is a huge market in the dealings of pirated software – from Windows to Photoshop to The Sims. It’s very easy to share peer-to-peer, and because of that, people can resell ‘pirated’ for a high price – all profit. Or they’ll download MP3 and resell them; or eBooks. These people who resell these items get nasty penalties – with both copyright infringement lawsuits and criminal cases. They’ll pay a hefty fine and go to jail. As you can see, copyright infringement lawsuits can affect any one of us – from our friends on MySpace to our employer, to the computer geek down the street. It’s very easy to violate copy rights, and you have to watch yourself. The chances are good that you won’t be involved in a major copyright infringement lawsuit, but you still need to ensure you’re following the copyright rules of engagement. Copyright infringement lawsuits are important in determining what is, and isn’t, applicable to copyright laws. Because of these lawsuits, our laws have changed regarding fair use, internet use, and the Electronic Frontier Foundation and CreativeCommons.com has been formed. The lawsuits help us to understand what is, and what isn’t fair – and these organizations have helped the masses to understand what’s so important about copyright, and why we need to defend our freedom of speech.

Definition of copyright infringement Protect Yourself: Know the Definition of Copyright Infringement As you’re creating something, you may wonder what copyright infringement actually is. It’s necessary, if you’re creating a work – albeit written, musical, videos, software or some other form – that you know the definition of copyright infringement. This issue is very complicated, and not very easily spelled out in plain English, so please make sure that if you’re ever unsure to contact a copyright lawyer immediately to ensure you’re using copyrights in a legal method appropriate to the medium. As I mentioned earlier, a definition of copyright infringement is difficult, at best. Copyright infringement is defined by the jurisdiction – the United States of America has different copyright laws than the United Kingdom, or Australia, or Russia, or even China. Because of this fact, you should first, before anything else, check the laws in your jurisdiction (country, city & province) before using something that isn’t in the public domain. For our definition of copyright infringement, the public domain is a place where works are that aren’t copyright-able. Works that aren’t copyright-able include ideas, works that aren’t eligible (150 years-old documents, or older – think Beethoven and Frankenstein), data that isn’t categorized in a creative way (this could be a database, such as a phone book or other publicly-accessible data), or items that the owners have specified creative commons copyrights. As you can see, copyright law is rather complicated. Wikipedia.org gives us the definition of copyright infringement as: “Copyright infringement (or copyright violation) is the unauthorized use of material that is protected by intellectual property rights law particularly the copyright in a manner that violates one of the original copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. The slang term bootleg (derived from the use of the shank of a boot for the purposes of smuggling) is often used to describe illicitly copied material.” Our definition of copyright infringement includes the works of creative commons. Creative commons is an organization that allows for the copyright author to determine the uses available for people who want to use their works – for such items as for audio, images, video, text, educational materials, and software. It allows for the copyright owner to allow people to use their works for non-commercial, commercial, no derivatives, share alike, or just by giving attribution. Creative Commons is a license granted by the copyright holder, and can be used in both online (electronic internet) works and offline works. There are many places you can go to get a definition of copyright infringement. The most reliable definition of copyright infringement would be from your local copyright lawyer – they will know exactly what in your jurisdiction is legal or not, and how you can use other peoples’ works or protect your own. The real definition of copyright infringement comes from your jurisdictions statutes. In the United States of America, our jurisdiction’s copyright laws are contained in Title 17 of the United States Code, §501 - §513. You can also find a definition of copyright infringement through such organizations such as the European Union or World Trade Organizations. While s legal country or organizational definition of copyright infringement is hard for the layperson to understand, a copyright lawyer will help you to figure out what it is that your work needs to be protected against copyright infringement, or to protect yourself if you intend to use the work of another writer, director, or musician.