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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.
The Business of Self-Publishing (self publishing) Self-publishing has become a common practice for many writers. Writers? reasons for self-publishing are varied, but it is commonly known that many writers want the accolades of having published work, no matter who publishes it. The freedom and business aspects of publishing work independently are desirable to many writers. A self-published writer is one who is in control of every aspect of their published work. The term self-publishing is defined as the publishing of books and other media by the authors of those works, instead of being established by third-party publishers. The advancement of technology has caused an increase in the self-publishers world, but it still only represents a small percentage of the publishing industry in terms of sales. The proliferation of media channels and web logging has contributed to the increase in self-publishers. The business of publishing books and other media independently is one that is unique and different from any other business. The most distinguishing characteristic of self-publishing is the absence of a traditional publisher. The author of the content takes on the role of the traditional publisher. The author is given editorial control of the content, arranging for printing, marketing the material, and distributing the material to consumers and retailers. The published books may be printed on demand with no inventory, which places a large amount of financial risk for the venue on the author?s shoulders. Many self-published authors end up subsidizing their work rather than making money from it. Digital printing technology has made it possible for the self-publishing concept to become mainstream in digital photo book printing. Self-publishers are able to get individually printed photo books from firms like Apple?s iPhoto, FotoInsight, Snapfish, and Printing-1. The motives for publishing work independently are varied, and there are numerous reasons for choosing to self-publish. One common reason is that the work of the author is not of interest to the commercial publisher, and otherwise not marketable. Some other common reasons for self publishing include an author?s preference to retain complete editorial control over content. Many writers are unwilling to compromise when it comes to the editing of their work, and some prefer to have their work presented ?as is.? Writers may also be denied publication because they are unknown and don?t have a substantial resume. Self-publishing may also be an alternative for writers who have written material on a popular topic but that is only of interest in a small geographic area. Topics that address an obscure topic in which few people are interested may also be denied publication by commercial publishers. Writers of controversial works may also choose to self-publish, as many traditional publishers refuse to work with controversial writings. There are also some authors choose self-publishing because they want a larger percentage return from retail sales. Whatever the reason for self-publishing, authors should know that there is extensive work required in publishing a book alone. Publishing alone involves a long list of tasks, which include prepublication and publication. Prepublication includes editing or obtaining editing for the manuscript, proofreading, establishing yourself as a legal retail business, and obtaining an ISBN ?Cataloging in Publication? number. The publication process involves formatting the manuscript, providing front matter and back matter, and providing cover art for the front and back covers and the spine of the book. Self-publishers must also obtain printing quotes, determine how the manuscript will be delivered to the printer, and pay for printing and delivery of finished books. Self-publishing is a business that many writers prefer to avoid, but for others it may be the only way to have the work printed and available to the public.
The Top Virtually Bug-free Free Email Services on the Net Virtually bug-free e-mail services are available actually from several places. Many of these service providers are big names, known by many, especially Internet users. The difference between the different e-mail providers lies in several things. These differences include but are not limited to plenty storage space, effective spam filtering, a fast user-friendly interface, desktop e-mail program access and much more. Currently in the United States and the rest of the world, the best offer for free e-mail comes from Gmail. Gmail is part of the Google business enterprise (the search engine most of us know) and offers the most features and storage space for their users for free. With virtually unlimited storage capacity for e-mails, a user never has to delete any e-mails of the server and can collect all the messages. Gmail offers a simple user-friendly interface, which also includes an excellent search function that lets a user find messages instantly and precisely. Another great feature of gmail is the POP and IMAP access features. This gives the user the possibility to download the e-mail from the server with any e-mail program that the user generally would use. The program can then also automatically download the e-mails into the program ready for the user to read. Gmail is funded by displaying advertising next to the e-mails read. Next on the worldwide list would be GMX, a German provider that offers many of the features gmail offers, but with limited storage space. This program also has the POP feature and can therefore be used in conjunction with any of the common available PC e-mail programs. Right after gmail it is one of the most reliable e-mail services, but unfortunately they discontinued the English user face and only offer a German version now. Thereafter on the top free e-mail services providers is AIM Mail. It is the free web-based service from AOL. Like gmail it offers virtually unlimited online storage, excellent spam protection and a simple, easy to use interface. Unfortunately, AIM Mail lacks proper productivity, such things as labels, smart folders and message threading is not available. AIM Mail also offers a very functional POP and IMAP access. Yahoo! Mail would be the next e-mail service that should be mentioned on the list of the top virtually bug-free services on the Internet. Yahoo also offers virtually unlimited storage space for e-mails and a few other nice features, such as Short message services for texting to friends and family, instant-messaging features for the internet and up to date news feeds. What Yahoo! mail lacks is a really good spam filter. It offers a spam filter, but it is not effective enough. Also nice to have would be labeling options as well as smart folders. The Yahoo! Interface is just as easy and user-friendly as the other providers and fairly reliable. To complete the list we need to mention the following three services, Inbox.com, FastMail and Hotmail. Inbox.com offers e-mail users 5 GB of free space to store e-mail online. Despite the limited space, this service is outstanding due to its high-speed accessibility. Web access and POP access are very fast and even the search functions are faster than with most other services on the market. The drawbacks of Inbox.com are the missing IMAP access, only POP is provided and the organizing of mail is slightly unorganized due to missing smartfolder technology. FastMail on the other hand offers users only IMAP. It has many useful features and has one of the best web-based e-mail interfaces. It also generally displays fewer ads then the other services do. And lastly, Live Hotmail should be mentioned here, since most PC users that have a Windows based operating system will have heard of hotmail. This program offers 5 GB of storage for e-mails online. It has a fast search option, a solid security feature and the interface is as easy as the ones users are used to on their desktop. Even though security is great, the spam filter is not quite as effective as some of the other e-mail providers. Also missing with this provider is the POP and IMAP access as well as smartfolders and other great e-mail organizing features.
Got an Offer? How to Evaluate the Company to Ensure It?s the Right Move Being offered a new job is always a great feeling. No matter what type of job it is, the fact that the employer wants you is very satisfying. The inclination to put in your two-week notice and start packing up your desk can be exhilarating. However, be sure that you know what you are getting into before you plunge into a new job. The terms of a job offer should be written out in black and white, literally. Whenever a company offers a job to someone, there should be literature about the position to read. When the offer is made, be sure to spend some time reading over the literature and finding out exactly what the terms and conditions of the job are. Salary, benefits and the terms of employment should all be very clear before you accept the offer. Be sure that you read the fine print. This is especially true from sales jobs. That advertised rate of pay might be what you make with commission. Without the commission you may not have a salary at all. This could be a major issue if your sales do not go well. Salary is one of the most important things to find out about before you take a job. Make sure that what they are offering as base pay is enough for you to live comfortably on. Bonuses can sound really great when employers discuss them with you. However, what you have to do to earn the bonuses may be very difficult. Thus making the bonuses obsolete the majority of the time. Restaurant management is a career path where many times your bonuses are based on the success of your particular restaurant. Not you yourself. That means that when the restaurant is not doing well, there will be no bonuses. The hours you will be working is another issue you will want to tackle before you take the job. Find out exactly what you are expected to work. This could be tricky with salaried positions. Find out what the average amount of hours is that employees spend on the job. Will there be travel? Many jobs post this in their advertisements but others are not so forthcoming with this information. Living out of a suitcase can be ideal for some but if you are not looking forward to having a relationship with your spouse strictly through cell phones and e-mails, you better inquire. If you are not open to travel be sure to find out if travel could be included in your position. The environment at the office could be hard to gauge. However, if you go to an interview and are not greeted in the lobby or see a few scowling employees, chances are, the office environment is a bit hostile. This is a major thing to consider when taking a job. Is the management hiring new personnel in order to replace the existing personnel? If they are, why does the existing personnel need to be replaced? Try to feel out the environment of the office when you are waiting for your interviews to take place. What will your job entail? Will there be times that you are expected to do things that go against your better judgment? Will you be surrounded by a corporate mentality that is concerned only with numbers? Are you going to be able to put your reservations aside and carry out the job that needs to be done? If a job offer is made immediately, you may want to be leery of this position. Try to find out about the turnover rate of this position. There may be a reason why the employer is so ready to offer you the job.