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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.

Music copyright infringement How Does Music Copyright Infringement Affect Me? Music copyright infringement happens all around us every day, by both well meaning people downloading music from their favorite social networking site to the guy who’s reselling MP3s. To be certain, most people who commit music copyright infringement don’t realize what’s going on, and are in turn doing something very illegal and prosecutable in the United States. Copyright Infringement, as defined by Wikipedia.org states: “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.” We’ve all heard of ‘bootleg’ recordings – usually audio recordings taken from concerts and sold on home made cassettes or CDs and distributed (sometimes out of the trunk of a car) to anyone that will buy. Bootleg recordings have changed, however, as music copyright infringement has branched into video recordings. Music copyright infringement has exploded with the advent of the internet, and now people from all over the world are sharing every type of imaginable file – from eBooks to audio to music – and small label artists began feeling the pinch years ago. However, many new and older artists are beginning to see the beauty of the internet, and are offering their music for sale track-by-track on iTunes and other MP3 sales websites, as well as through their own band websites and MySpace pages. The internet has exploded in the possibilities it’s given up and coming musicians to become visible, while at the same time drastically increasing the number of music copyright infringement cases – some of which were against innocent people who just weren’t informed. Music copyright infringement cases have helped to create organizations that protect the fair use of an item, such as a song. Organizations such as CreativeCommons.com and the Electronic Frontier Foundation help individuals to know their rights under copyright acts. While there are organizations that help you understand your rights as a purchaser of copyright use, there are organizations that want to limit the ways in which you use the products you buy. It is rumored, for example, that record distribution and production companies want to limit the ways in which you use the music you buy – they don’t want you to put it on your computer or make a Mix Tape or CD from it – for fear of ‘sharing.’ It seems to me, however, when music publishers and distribution companies limit uses like this, they’re opening up a tidal wave of music copyright infringement cases. By limiting the use of purchased material, the companies are alienating their client base and pushing all their sales away from physical products and toward electronic ones – which are much harder to control. A way in which these companies tried to limit the uses was by creating a DRM program, which severely limited the where a CD could be played (on one computer, for instance). And, in one drastic measure, Sony placed a DRM program on all their CDs in the Winter of 2005, and severely crippled several networks when their ‘program’ was actually malware that seriously crippled network security. As you can see, music copyright infringement is something that is currently being fought between end users and music production and distribution companies. In this new century, we must find a way to retain copyright, and allow the customers to use the products they buy in a meaningful way, or otherwise the market will shift and the industry as we know it will be abandoned.

Short Trips: Articles are Great Ways to Enter the Writing Market (writing articles) Not everyone who loves to write is destined to become a writer. Most people define a writer as a person who makes a living from their writing. Writers are committed to a career of difficulty and very hard work. Not that every other job doesn’t include work, but writers make up a group of individuals who are less recognized for their contributions. Certainly there are famous writers who are appreciated for their efforts, but they do not represent the majority of those who take up a pen for their livelihood. If you love to write, but you’re not sure about taking the leap into becoming a writer, there may be a perfect option for you to use your skills. Writing articles is a writing job that can be taken up to whatever degree you would like to do so. Types of Articles to Write Because articles are such short pieces, each one can only cover the smallest piece of information that the world contains. Depth and length are limited by each other and so writing articles allows you to focus on just about anything you’d like. If the articles cannot cover the scope of material that you’d like to cover, you can write more. Articles come in all kinds of packages. They are written for magazines. A magazine will always have a general topic that it strives to cover. Within the broad topic though, there are thousands of possibilities for the creation of articles. Newspapers are more directed towards current events rather than interesting tidbits or random information, but they also must buy articles in order to be printed each and every day. There is also the possibility of writing articles for the internet. In that genre, the topics expand exponentially as time goes on. The opportunities are out there, so how do you start writing articles? Getting Hired for the Work To get hired to write articles you mostly need the ability to market your writing skills. There are many, many good writers in the world. To get hired to write, you must be better than good. You must be able to use your words to describe, explain and convince. You must let an editor know why you are the right writer for a particular job. If you can write effectively enough in your resume and cover letter, an editor will know immediately that you have the skills and abilities to write equally convincing and interesting articles. If you are interested in continuing in the process of writing articles, you must know how to construct great content into a great finished product. Writing Great Articles If you can allow your curiosity to drive you, you will never run out of the ability to create great articles. The first rule in writing articles is to be ever ready to learn something new. You never know when you’ll need that piece of information to back up your writing. The idea for writing articles is only half of the battle though. You also have to actually do the engaging writing. This is where you pull out all of your literary tools. Write with enthusiasm so that your reader will be enthusiastic. Write with variety and slight complexity so that your reader will not be bored. Add a little bit of suspense as you are writing articles so that every reader will keep going until the end. Writing articles can be a career, but it doesn’t have to be. The beautiful thing about article writing is the short term nature of each project. You will move from one topic to the next as you continue to learn and expand your writing abilities. Writing articles can take you from your front yard to across the world in as short of trip as you need it to be. If you are considering the possibilities available to you in a writing job, investigate the possibilities of article writing. If you are a writer, you’ll love the work.