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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.
Software copyright statement A Software Copyright Statement Protects Current and Future Works If you have a site that is dedicated to the sharing and distribution of open source software it is a great idea to have a software copyright statement that explains the limits of use for your software as well as the limits of your responsibility for those uses. I also recommend getting an attorney to look over the statement before posting it just to be sure there are no legal issues that you may be unaware of. A software copyright statement doesn't have to be a 10 page booklet on the law or the protections that copyright offers, it should be a simple short paragraph stating the basics and hopefully covering your rear from litigation and/or responsibility should someone use the software you are allowing them to use for something insanely stupid or frighteningly criminal while establishing your ownership of the material and expectations of those you are allowing to use your creation. This for some is a no brainer because they've done it before and know the ropes. There are new software developers born and made each and every day and this type of software copyright statement may serve to save them a little grief of their own some day. If you are being kind enough to freely share the software you created with others, you'd like to think that they would at least return the favor of using it within the letter of the law or the manner in which it was intended. This, however, is rarely the case so protecting yourself, your copyright, and your future interests by posting a software copyright statement on your website is really the best way to go in a situation such as this. Trust me I'm not trying to talk anyone out of sharing his or her software with the world. I rather like open source software and admit to using it freely (no pun intended). I love saving money almost as much as I love playing around with new technology. Software allows me to do that and find likes and dislikes about all kinds of programs. Issuing a software copyright statement is one way of protecting your investment of time, effort, energy, and sheer brilliance in the making and design of your technological masterpiece. Hopefully that flattery will keep you going a bit longer at any rate. It is important to know that a software copyright statement is only part of the process required to protect your software but for the most part poses a significant deterrent to those that would abuse your copyright and/or your kindness in allowing the distribution of your software. Even if you are charging people for the use of your software (we are a nation of capitalists after all) you still need to protect the labor you have put into making not only the software but the distribution method, the website, the payment method and the thousands of other things that are part and parcel of the business model for your software distribution. Your software copyright statement is a very small protection for your software don't expect it to be the brunt of your protection. Most of the software developers, coders, and programmers (and any other name you wish to call them) that I know aren't as concerned nearly as much about associating their name with the products they create as they are with protecting future potential income from both the products they are currently designing and the future, improvements they will make to the software and the much improved finished product that comes later. By protecting all your work with a software copyright statement you are not only protecting current works but future works as well. The History of Writing Tools (history of writing tools) Writing tools are essential to written communication. A person is not able to write without the proper writing tools. However, many people don?t realize that writing tools did not just pop into existence; writing tools have a long history. Writing tools have helped societies write their history and bring civilizations to life. The history of writing tools begins with the cave man that invented the sharpened-stone, which was later developed into the first writing tool. Cave men used these instruments to scratch pictures onto the walls of cave dwellings. The drawings were said to represent events in the daily life of the cave men, such as the planting of crops and hunting victories. Clay was later discovered, which made portable records possible, and many merchants of the time used clay token with pictographs to record the quantities of materials being traded and shipped. The Greeks developed the earliest form of pen and paper. They used the writing stylus, which could be made of metal, bone, or ivory, to make marks on wax-coated tablets. The tablets used by the Greeks were made in hinged pairs that were closed to protect the scribe?s notes. Cadmus was a Greek scholar who seemingly invented the written letter, which is a text message on paper sent from one individual to another. The written letter proved to be a major event in the history of writing tools, and was the starting point for the development of ink. ?Indian Ink? was developed by the ancient Chinese society, and perfected for writing. The ink was originally designed for blacking the surfaces of raised stone-carved hieroglyphics, but was later used for writing. This early ink was made of a mixture of soot from pine smoke and lamp oil mixed with the gelatin of donkey skin and musk. By the year 1200 B.C. the ink had become common as a writing tool. Inks were also developed by other cultures, who used natural dyes and colors derived from berries, plants, and minerals to create them. The different colors of inks had ritual meanings attached to each color in early writings. In the history of writing tools the development of ink paralleled the introduction of paper. Early cultures such as the Egyptians, Romans, Greeks, and Hebrews used papyrus and parchment paper to write on. Romans invented a reed-pen for parchment and ink, from the hollow tubular-stems of marsh grass and the jointed bamboo plant. The bamboo stems were converted into writing tools that resemble the fountain pen. The plant was cut at one end into the form of a pen point, and ink filled the stem, by squeezing the reed, writers could force the ink from the point and write on parchment paper. The early forms of ink and paper were great developments in the history writing tools, but were often unstable. A stable form of ink was developed in 400 A.D., which was a composite of iron-salts, nutgalls, and gum. The ink was seen as having a bluish-black hue when applied to paper, but quickly becoming a darker black color, and fading after years and appearing as a dull brown color. The Chinese created a wood-fiber paper in 105 A.D., but it was not known to other cultures until 700 A.D. when the Japanese learned the secret. Eventually, the wood-fiber paper was brought to Spain in 711 A.D., but was not widely used in Europe, as most European societies did not use paper until the 14th century. The quill pen is also a major invention in the history of writing tools. The quill pen was introduced to the world in 700 A.D. The pen was made of bird feathers, and the strongest quills were typically taken from live birds from the outer left wing feathers. After the development of the quill pen, plant fiber paper became the popular medium for writing. Then another invention changed the history of writing tools; Johannes Gutenberg invented the printing press. This invention has led to various other developments in printing and writing tools. Writing tools are essential to writing, and without the development we would not be able to show others our ideas and thoughts. |