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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.

Fair Use Copyright Law Don’t Overstep the Fair Use Copyright Law Many people are interested in the fair use copyright law. The fair use copyright law enables people to use portions of material that is copyrighted for the purposes of criticism or as commentary. The hard part for many people is understanding what is permissible under the fair use copyright law and what is not permissible. Anyone who writes or publishes should brush up on what is allowed and what is not allowed. Using another person’s words to make news reports, to use as a comment or criticism or to use for research, scholarship, or for educational uses that are nonprofit are generally considered fair use. In these instances, the fair use copyright law allows one person or author to make use of another person or author’s work without asking permission to do so. In situations that do not fall within these specifications you are probably violating someone’s copyright if you use their work – especially if you are using another person’s work for economic or commercial gain. When you are trying to see if you can use another’s words, you should keep a few things in mind. The answer to the following questions will help you gage whether you would be violating a copyright. First, are you transforming someone else’s work or are you copying it? Second, are you going to be making any financial gains from your work that would compete with the original copyright holder? Third, do you have the author’s permission to quote their work? Just because you list the author and give credit to him or her does not protect you from infringing upon someone’s copyright. Fourth, how much of the original author’s work are you using? If you are using a substantial amount of another’s work, you are probably in direct violation of their copyright. Many publishing companies have set rules on how much material they will allow to be quoted in other sources. Some of these ranges start at 100 words or less. However, there are truly no standards to go by, so be careful. You can not assume that keeping your copying fewer than 50 words will allow you to pass under the radar – especially if the original piece is hovering around 125 words itself! Lastly, what portion of another’s work are you using? If it is the meat of the book and the most important part of the book, you are probably in direct violation of the owner’s copyright. With a little common sense it is not hard to decide if you are violating someone’s copyright. People who are truly interested in staying within the guidelines of the fair use copyright law usually do a good job of doing so. Many people push the fair use copyright law right up to the line, while others will blatantly cross over it without giving a second thought to the repercussions. When these people are summoned to court to answer for their vagrant disregard for the property and copyright of another they are usually sorry. Sorry they got caught! It is very important that people who take advantage of the fair use copyright law are held accountable for their actions. Without accountability many more people would follow in their footsteps and use another’s works as their own.

To Enter or Not to Enter Writing Contests (writing contests) If you are a freelance writer, it is because you love to write. Why not put those abilities to use and enter a writing contest? You have nothing to loose and a lot to gain. You can find writing contests by simply searching the Internet. Writing groups and message boards may also have listing for these contests. No matter what you writing genre maybe poetry, fiction, non fiction, there is a contest out there for you. Read about them and choose which ones are right for you. It is not necessarily about winning or loosing but about the experience and knowledge that you gain to get there. Whether you win or not there are still valuable things that can be learned or gained by entering into contests. Entering writing contests will help you hone the skills that you have. Try something new, you may choose to write in a niche that you normally wouldn’t. You get constructive criticism from someone new. Someone that doesn’t have to worry about hurting your feelings and that is unbiased can be a wonderful asset to your career. The feedback you receive can be invaluable to you. It will get your name out there and give you a place to showcase your work. Depending on how good your story, if you make it to the next round your writings could be in front of editors and agents. This feedback and criticism is even more important than the first. Do not your eggs all in one basket. Enter a couple contests to get multiple feedback sources. Not every editor or agent is going to agree. By entering multiple contests and find common points about your writing that need perfecting you will be able to concentrate on a general consensus about your abilities. There are some downsides to entering writing contests, too. Chances are that a simple contest is not going to launch your career into star status. Do your research just as if you were going to write an article about contests. For many contests you give up your rights to your entry whether it wins or not. You need to decide whether or not you are willing to give up all rights to your story. If you win it is not a big deal, but if you loose your giving your work away. Are you willing to do this? Research the contest. You can search the Internet for reports or opinions on contests run by the company. You can find valuable information on if the contest is legitimate, if entering has had any effect of previous entrant’s careers, and if it is really worth it in the long run. The bigger and well-established companies will give credibility to your work if you win. But the bigger and more well know the companies are will also bring in tougher competition with well know authors. Some companies offer contests as a disguise. Yes they will give away prizes and declare winners but their main goal with the contest is advertising. It can be in the form of offering you to buy obscure book featuring your contest submission. Sometimes it is an editing company that offers a discount for its services or a company that will offer you discounts on writing classes. A writing contest is just a possible stepping stone. Whether it helps you or not is the unknown, but it definitely won’t hurt you. It may help you reach the next level of your career. You and only you will be able to make the decision on whether or not writing contests are a good move for your career.