Welcome to esiq.org
|
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.
Copyright law Understanding Copyright Law Copyright law is a set of laws that is used to regulate things such as movies, plays, poems, musical compositions, drawings, paintings, sculptures, software, photographs, sculptures, literary works, choreographic works, radio broadcasts, televisions broadcasts and more. Copyright law is only regulated to cover the manner or form in which the information or material is expressed. For instance, it does not cover the idea or facts which are represented in a work. In instances where a copyright does not exist, patents or trademarks may be in place which can impose legal restrictions. Copyright law states that the holder of the copyright has the right to make copies or reproduce the work to sell. They can also export or import the work, create derivative or adaptation of the original work, display or perform the work publicly and assign or sell the rights to someone else. Copyright law is set up to protect people from having someone do something with their copyrighted work or material. Someone that has a copyright may choose to exploit their copyrighted work, or they may choose not to. Many people debate whether copyright law and copyrights are moral rights or merely property rights. It is important to note that in the U.S. copyright law covers protection for published and unpublished works. Copyright law protection covers a work from the time it is created in a tangible form. The author or creator of the work immediately holds the copyright to the work and it is the property of the author or creator. No one else can claim copyright to it, unless the original copyright holder (the author or creator) gives or sells the rights to another person. Many people fail to understand that merely owning or possessing a work does not give them the copyright to it. Just because you have ownership of a copyrighted work does not mean that you own the copyright. Likewise, if you copy someone’s work and list their name on it, you are undertaking copyright infringement. Many people also fail to understand when copyright protection is secured. The moment a work is written or created and it is in physical tangible form or recorded it falls under copyright law. While it is recommended to register your work through the Copyright Office, if your work is not registered and someone steals your work, they have violated your copyright. Using a copyright notice is not required by law. However, many recommended that the copyright notice or symbol be used so remind the general public that the piece is under copyright. Anything that is created after 1977 is protected by copyright law for the lifetime of the author of the creator, plus an additional 70 years after the creator’s death. The public domain is a good source of information that is no longer under a copyright or work that was never under a copyright to begin with. Virtually all works that were created or published in the United States prior to 1923 are said to be in the public domain. Things that can be found in the public domain that are free of copyright law generally include generic facts and information, works that have a lapse in their copyrights (this encompasses works that were created prior to 1978) and materials and information put out by the United States government. In addition, you may find works in the public domain that are free of copyright law because it has been dedicated to the public domain. Web Hosting - DNS, How The Internet Keeps Track of Names The way computers communicate is, in a way, very similar to something very familiar: the postal system that delivers letters and packages. Here's how... The Internet is just what the name suggests, a large inter-connected set of networks. But those networks are pointless without the one part that forms what is called their 'end-nodes', otherwise known as computers. Those computers often need to share information because the people who use them want to share information. But, in a system where there are millions of separate computers, how can you enable them all to communicate? One very important feature of that solution is performed by something called DNS, the Domain Name System. Every part of a network that is going to send or receive information is assigned an IP address. That's a numeric identifier that uniquely specifies a particular 'node', such as a computer, a router that directs traffic or other component. They look like this: 209.131.36.158 But those numbers are more difficult for people to remember and work with. They also aren't very attractive from a marketing perspective. So, a naming system was layered on top of some of them, mostly the computers involved, though routers have names, too. But once you have a system that associates a unique IP address to a given name, you need some way of keeping track of all of them. That's carried out by several different pieces of the system: Name Registrars, DNS Servers and other components. The Name Registrars, overseen by IANA (Internet Assigned Numbers Authority) and other international bodies, provide and keep track of domain names. When you register with GoDaddy or any of a hundred other intermediate companies, ultimately that information makes its way into a number of specialized databases stored inside DNS Servers. A DNS Server is the hardware and/or software that tracks and forwards the IP Address/Domain Name pair from one place to the next. In many cases, there are a number of them between your browser and the remote computer you want to share information with. Suppose you request information from, say, Yahoo's site by clicking on a link on their site. DNS resolves (translates) the name of WHO IS making the request and OF WHOM, to addresses, then passes the request through the network to the requested IP address. The requested data is then passed back through the mesh of network components to your computer and displayed in your browser. Whether the communication is between a desktop computer and a server somewhere, or between one server and another, the process is essentially the same. DNS servers translate names into IP addresses and the requests for data are forwarded on. In some cases those DNS servers are part of a specialized network computer whose sole job is to do the translation and forwarding. In other cases the DNS software may reside on a server that also houses a database of general data, or stores email, or performs other functions. But however complicated the chain or the parts, the basic process is simple. Translate the name to an address, just as the postal system does. Whether international or local, your name is associated with an address, and the deliveries are made to the address, then forwarded to a particular name. |