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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.
Free Copyright Music Free Copyright Music Means Deeper Well for Artist Inspiration Free copyright music is often mistaken with domain free music or music in which the copyright has expired. A copyright is in place for the lifetime of the author plus 70 years. If there are more than one writer's for the music, the copyright will be in effect for 70 years after the death of the last surviving contributor. While this rule was set in place in order to ensure that the heirs of the author would also benefit from the royalties after the music's writer or composer was no longer living it is important to remember that these laws are the current laws and music written at different points in time are most likely subject to different copyright laws. When searching for free copyright music it is always a good idea to search through music that is very old rather than focusing your search on more recent musical selections as they will most likely still be under copyright protection. It is important to remember when using free copyright music or public domain music that you must be certain the copy you are using is within the copyright period. Any music that was published before 1922 is public domain music. This does not however include derivatives or new versions of that music which may still be under copyright protection. Finding a copy of the music with the copyright date included, if that date is prior to 1922 is the best route to ensure that you are in compliance with current copyright laws and not infringing on someone else's copyright. It is also important to keep in mind that written music is protected differently than recorded music. Almost every sound recording that has been copyrighted in the United States is protected until 2067. If you absolutely need a sound recording you should either purchase one or make one of your own. There are some free copyright music that will allow free use of the music whether written or recorded, you must be thorough in your search for this music however as it quite rare. Another thing to consider is that copyright laws in the United States are different than they are in other countries and if you wish to use music that is or was under copyright in another country you must follow the laws that apply to the particular piece of music you wish to perform. Free copyright music is available in almost every country and many genres; the trick is in finding great sources where you can easily find this music. There is a project called Mutopia, which operates like project Gutenberg. Mutopia provides free copyright music rather than books however. The Gutenberg project also has a section that is devoted to free sheet music in addition to its wonderful resources for books. Each of these projects provides excellent resources for those who find themselves in need of free copyright music for whatever reason. Whether you are a musician who is seeking inspiration from the music of old or hoping to find a composition, which you can rearrange and make your own, there are many ways in which you can go about achieving your goals that will not violate current copyrights. The key is in learning the laws both where you live and in any countries in which the music you seek to modify. By choosing selectively and listening to your options with an open mind and seeing things with a creative eye, you will find a huge world of opportunity available to you as a musician. Isn't it amazing how free copyright music can have such an effect on your ability to create music that you may someday copyright? Conducting a Self-Evaluation After Getting Fired Sometimes life is hard and when you get fired, it gets even harder. In a country where employee turnover is high and there are no laws to protect you at your work place, potentially anybody is at risk to be fired. In general, that is true, but companies usually only fire a person that has done his or her job improperly, or is not qualified for his or her job any more. Therefore after you get fired, it is time that you conduct a self-evaluation. First of all, you need to make sure you know the reason why you have been fired. Do not just assume, you know why you have been fired. Make sure that your employer tells you the exact reasons why he has fired you. A self-evaluation as to whether the employer is right and whether you might have to work on yourself can only be done after you know why the company has told you to leave. If it was tardiness and absence of work that has gotten you fired, you need to be self critical enough to see that you need to be on time and be at work every day that you are not taking a vacation day. Keeping a job means playing by the rules and these rules do include times that you have to be a t work if you want to keep the job. When your boss told you, that you are not accomplishing your work or you are not qualified for the position, think back and try to find out why he might have said that. Did you deliver your work on time? Was it correct, mostly without any problems and errors? If that is not the case, then perhaps your boss was right and maybe you were not qualified enough to do the job. It might be that you need some more training or some more classes at the university to be able to do your job right. Or maybe you have just chosen a job that is not for you. When you are conducting that self-evaluation, make sure you are not too hypercritical. If it clearly was your fault that you got fired, you need to improve yourself and the personality traits that have led to the firing. Sometimes even though your boss gave you an explanation why you have been fired, you might not agree with the reason you have gotten fired from your company. Yes, sometimes these reasons might not be right. Since this is a society where anybody can get fired, maybe you have been fired because your boss did not like you and he made up some dubious reason for firing you. This is why you have to conduct a self-evaluation to make sure if what you were told is the truth. A self-evaluation might also lead you to the conclusion that you need to choose a different profession than the one you have been in. Maybe it took to get you fired to ser you in the right direction and at some point in your future you might actually thank that boss of yours that he had fired you. Otherwise you might have never found the job that you were destined for and would have been miserable doing the job you were doing. Unhappy employees are not good for a company and some bosses are good enough to realize that. Whatever the reason is that you got fired, make sure you find the reason and check with yourself how much truth lies within that reason and do you have to change to be a better employee and be able to keep your next job. |