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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 Law Plagiarism Plagiarism Is Simply Unethical Anyone who is a writer is concerned with plagiarism. Copyright Plagiarism Laws protects copyright holders from having their works plagiarized. Many people think it is ironic that the word plagiarism derives from “kidnapper” in Latin. However, it is true. If a person uses another person’s words without permission, they have indeed stolen or kidnapped something that was owned by another and is in violation of copyright law. Plagiarism is a very bad word in the writing world. Crediting the author of the work will not keep someone immune from being in violation of copyright law. Plagiarism is plagiarism, even if the author is cited if the author did not give permission for the work to be used. One of the most common areas that copyright law plagiarism is violated is in the academic world. Many students will copy and paste the information they need for their research papers and essays straight off the Internet and turn it in to their professors. However, this type of cheating is easily detected now with special programs that professors can use. Plagiarism is unethical, not only in the writing world, but in the academic world, as well. Did you know that you could plagiarism a work but not be in violation of the copyright? Likewise, you can be in violation of a copyright and not have been plagiarizing. It is really not that hard to understand. Let’s say you are using Abraham Lincoln’s exact words in a paper and you did not cite him as the source or give him credit. Well, Lincoln’s words aren’t copyrighted because they are in the public domain. But, you did plagiarize because you tried to pass off his words as your own. Alternatively, if you use a picture in a book and you did not gain permission to use the book, you have violated copyright law because you did not source the artist and you did not get permission from the artist to use the picture. If you are in school, the best way you can get around committing plagiarism is to simply list your sources. If you use someone’s word, list it in an endnote or in a footnote. List the resource you found it in the bibliography. Another way around copyright law plagiarism violations is to take notes when you are reading. Take notes in your own words and put the resource away. Write your paper from your own words. No one wants to be singled out for plagiarism, especially a student who is concerned about their reputation at school and writers who need to keep their credibility in good standing. With today’s technological advances, it is not too hard to pinpoint plagiarized work. Even webmasters who run websites are on to the plagiarism crowd. They can run their entire sites through a special program to see if their content has been stolen and duplicated elsewhere on the Internet. If you are dealing in the written word, either academically or as a profession, it is a good idea that you only use your own words. It was probably easier to get away with plagiarism 100 years ago, but it is not that easy today. The changes are very high that if you are caught violating copyright law plagiarism laws you will be caught. Not only is it embarrassing, but it can cost you a bundle in a lawsuit. Web Hosting - FTP and Other File Transfer Tools Anything related to the Internet or computers is bound to introduce technical issues pretty soon. One of the earliest that novice web site owners encounter is FTP, which is an acronym for File Transfer Protocol. Seeing it spelled out, it's easy to see why those in the know quickly move to speaking in short hand. The reason web site owners soon will (or need to) become familiar with FTP is obvious to anyone who has built a site on a remote server. You have to have some way of getting the files to the remote computer and FTP is one of the most common tools. It's also one of the simplest and most efficient. FTP is composed of two parts: the client software and the server software. It's similar, in a way, to talking to someone on the phone who writes down everything you say. You (the client) make a request ('transfer this file to the server') and the listener (the server) takes the request and acts on it. That request to copy a file from a local computer to the remote one is carried out (often 'under the covers') by a PUT command, as in PUT this there. You create the web page (in the form of a file) and then PUT the file on the server. To move a file in the opposite direction, from the remote server to your local computer, your client software issues a GET command. Many FTP clients have graphical interfaces, similar to Windows Explorer, that allow you to drag-and-drop or otherwise copy the file without ever seeing the actual commands that carry it out. But it's helpful sometimes to know what goes on underneath. In tricky cases it can be an advantage to use a command line interface (in Windows, the 'DOS box', with a similar interface familiar to most Linux users). Knowing the commands and being able to use them in the command line form can sometimes help you diagnose what is going on when the graphical tools misbehave. But FTP is not the only way to get a file from here to there. In fact, your browser moves files around from a remote computer to your local one all the time. In most cases, when you type in or click on a URL, what happens under the covers is in essence a file transfer process. The web page is transferred from the web server to your local computer then displayed by the browser. Alternatively, you can sometimes even email a web page/file from your local computer to the remote server, then use an email client on the server itself to get the file and put it in a folder. That requires that you have some form of access to the remote computer. But there are many ways of doing that, such as in-built utilities in the operating system or using commercial remote control programs. Those alternatives can be helpful to know in cases where the FTP file transfer process is misbehaving. Having more than one way to accomplish the task helps you diagnose what might be going wrong. It also helps you get the job done when the usual tools aren't cooperating. The more you learn about these sometimes puzzling acronyms, the easier you can accomplish your own goals. |