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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.
Reduce Employee Turnover and Produce a Great Employee For so many businesses in the United States it is the same picture they see year in and year out. Employees come, get trained, start to be efficient at work and then they leave. The company needs to train somebody new. To reduce employee turnover and produce a great employee, many things need to be established within a company as a support structure. Many companies so often neglect to ask and wonder what their employees might like or think would be helpful to make their work environment and conditions positive ones. Whether owning a small or a large company, your immediate concerns probably lie within making profits to be able to keep the company running and to be able to pay your employees. Of course, running a company takes a lot of effort and work hours spent solely on that. But every time one of your employees leaves, you loose capital--capital you have invested in his or her training and knowledge. The knowledge capital you loose is all the information that the employee has absorbed during his or her employment at your company and all the new skills he or she might have added during the course of his employment. So how can you make your company and working for your company more attractive and also produce great employees? There are many ways that this can be accomplished, most of them are rewards to the employee, but others that are just as important include the atmosphere and conditions at the workplace. This article will discuss just a few of the many possibilities you as an employer have to keep employee turnover low. For most employees, considering that they have an expectation towards the standard of living they have, a competitive salary is an important point. If you only pay minimum wages or never give raises and rewards, it is very unlikely to hold good employees that can make a lot more money somewhere else. To make their time worthwhile after hiring, you need to know what a competitive pay is and pay them either the average pay or slightly more. As for raises, raises together with evaluations will tell the employee that his or her effort and all the hard work he or she put into your company is appreciated. It also tells the employee how good his work is and what you will expect from him in the years to come. To produce a good employee, it is important to give the employee feedback on his work. Some companies reward their employees with bonuses for accomplished tasks or finished projects. Other companies will give their employees an award at the end of the month or year and generally attach a small bonus to that. Also consider a good benefit package. Many employees look for the benefits that companies offer to them and their family to make a decision whether they should work for this company or choose a different one. Often times, vacation is very important to employees. To be a motivated and good worker, employees need to spend time with their families or the things they love, like hobbies or sports. Yes, of course you would like them to work 60 hours for the 40 you pay, but consider this: an overworked overtired employee is most likely not able to work fast and efficient. That person also tends to be more error prone and unmotivated. Time off work to relax or regenerate is very important. Companies that offer ten days are often at the top of the list for employee turnover. Some companies offer flexible work times to accommodate for many different characters and situations at home. The employee that likes to come early and leave early versus the employee that likes to sleep long and then leave somewhat later feels just as welcome in this company or setting. Besides all these added factors, the work environment also plays a great role in producing great employees and reducing turnover. A respectful and good working environment is very important to keep employees happy and motivated. You know that a happy, motivated employee works better, faster and makes fewer mistakes. People caught of copyright infringement Why Are People Caught of Copyright Infringement? When you hear of people caught of copyright infringement, many different things can happen to them. First of all, copyright infringement is both a civil and criminal crime, so people caught of copyright infringement are likely to get both sued and tried in criminal court. Because of the nature of copyright laws, if and when people are caught of copyright infringement, it’s likely that they will get repercussions from far and wide. First of all, people are always looking for people violating copyright laws. Copyright owners and/or agents surf the internet, so they may find the violations themselves. Usually, is someone finds that people are violating their copyright rights, they’ll notify the person or entities involved and ask that they take the content down, if it’s available on the Internet. They do this by either asking the person directly to take it down, or demanding of the website server to take it down (which they will, immediately, and probably suspend the account) If the person or entity hosting the violation doesn’t take it down, more serious actions will be taken, such as a lawsuit or criminal charge. People caught for copyright infringement do not automatically go to jail, although some entities like major television, music, and movie publishers and distribution channels may lead you to believe otherwise. For the example of YouTube.com, there are many people caught for copyright infringement, but they only need to take down the material. In many cases, YouTube.com will take the material down before the poster (the person who put the copyrighted information on the site to begin with) has a chance to see the warning. Other times, a work will be present on a peer to peer file sharing service, such as Kazaa or Napster, and the host of said service will blame the end user (you!). So, even if you found a file on a file sharing service, such as Kazaa, doesn’t mean the copyright is open for you to take it. Many people caught of copyright infringement have been found through these peer to peer networks, and it has been found time and again that the user that downloads the material gets charged and not the file sharing service. Be careful, if you are ever to use a peer to peer service such as Kazaa (or bit torrent, which is the code/program for another type of peer to peer file distribution tool) that you’re only downloading, and sharing, items that aren’t copyrighted works – or you could be punished severely. Sometimes, people are caught of file sharing from their IP addresses – because they download something from a secure site, their servers can track your IP address (your unique location on the internet, four sets of numbers, separated by periods, with at most three numbers in each set – i.e. 216.239.51.100 which is the IP address of Google.com). So even if you think you’ve bypassed the copyright law, you can still be found years later by tracing that IP address. There are many ways to find people caught of copyright infringement, you can search through Google.com or look through newspaper databases. One thing, however, remains the same in all these cases – the people are downloading, sharing, or in some other way using copyrighted materials. The only problem is, especially in the internet age, is that even if you’re using something anonymously, you can still be tracked – and prosecuted – for the infringement. Be careful, in all you download or use, have the rights to use the item – sometimes it’s as simple as asking permission that will keep you from getting sued or sent to jail. |